: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.443 OF 2005 IN SECOND APPEAL st.NO.28977 OF 2004 Shri Popat Shivram Kate .. Applicant Versus 1.Shri Balu Nathu Hagawane and Ors. Respondents Mr.C.d.Kanale for applicant Mr.Ambar Joshi i/b S.M.Oak for respondents CORAM : P.V.KAKADE, J. DATE : 19TH AUGUST 2005 P.C.: 1. Heard both sides. Perused the record. 2. This is an application for condoning the delay of 198 days in filing the second appeal. The grounds mentioned for the delay appears to be pendency of proceeding in some other format due to some advise of the concerned lawyer. In view of this aspect the application is made absolute in terms of prayer clause (a) and stands disposed of with no order as to costs.