3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7651 OF 2004 IN CIVIL REVISION APPLICATION (ST) NO. 22426 OF 2004 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 29.08.2009 1. Heard Adv. Shri S.S. Pawar for the applicant and Adv. Shri V.P. Latange for respondent No.3A. This is an application for condonation of delay of 1638 days in filing Civil Revision Application. 2. It is pointed out to me that the Civil Revision Application is directed against Regular Civil Appeal No.143 of 1990, decided by the Extra Joint District Judge, Aurangabad on 30.10.1999. Thereafter, present applicant filed Second Appeal on 21.12.1999. However, it was found that Second Appeal was not tenable under Section 102 of the Civil Procedure Code 3 and only Civil Revision Application is tenable. Therefore on 27.04.2004, the Second Appeal was disposed of. Thereafter, this present application is filed on 10.08.2004. 3. The learned Adv. Shri S.S. Pawar has argued that major part of the delay is spent in pursing the Second Appeal. However, Shri Latange, Advocate argued that there is no explanation of delay of three and half months after disposal of the Second appeal. Adv. Shri Pawar explained that he had to make communication with his client. He had to obtain fresh Vakalatnama and affidavit of his client and therefore there was some delay. 4. In my opinion the delay is satisfactorily explained. Therefore, the delay deserves to be condoned. At the same time the respondents are entitled to costs. 5. In the result, the Civil Application is allowed; delay condoned. The Civil Revision Application be registered. 3 6. The applicant shall pay costs of Rs.2000/- to the respondents within four weeks. [P.R. BORKAR,J.] snk/2009/AUG09/ca7651.04