FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION No. 9952 of 2010 IN SECOND APEAL (ST) No. 18424 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. A.S. Shelke, Advocate for applicant Mr. R.N. Dhorde, Advocate for respondent No. 1 Mr. M.M. Ambhore, Advocate for respondent No. 4 ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15th November, 2010 PER COURT : 1. Heard Shri Shelke, learned Counsel for the applicant, Shri Dhorde, learned Counsel for the respondent No. 1 and Shri Ambhore, learned Counsel for the respondent No. 4 2. This is an application for condonation of delay in filing the application for restoration of Second Appeal and for restoration of second Appeal. The Second Appeal was dismissed vide order dated 12th February, 2009 by this Court on account of the fact that Shri Shelke, learned Counsel for the applicant could not argue the matter for lack of instructions. Shri Shelke, learned Counsel for the applicant states that in fact the learned Advocate who had filed the appeal had subsequently joined judicial services and total papers could not be received because of which he was handicapped to work out the matter. Shri Shelke showed his readiness to argue the matter on any date. Shri Dhorde and Shri Ambhore, learned Counsels for the respective respondents have vehemently opposed the application on the count that the appeal is adjourned on number of occasions at the behest of the present applicant but the same was not argued. It is an old matter and no leniency should be shown to the applicant. 3. The appeal involves invaluable rights of the parties in an immovable property. As such, it would be in fitness of things to hear the appeal on merits and to afford the opportunity to the applicant to argue the matter. 4. In the light of the above, the present Civil Application is allowed in terms of prayer clause ‘B”. The appeal is restored to its original position. The appeal be placed for final hearing on 22th November, 2010. The Civil Application is disposed of accordingly. [ S.V. GANGAPURWALA ] JUDGE SDM*9952.10CA /151110