1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.S. No.837/2009 in Second Appeal St. No.9398/2009 ( Smt. Anjanabai Lokhande ..V/s.. Shri Pandurang Dhawane ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. Sudhir Malode, counsel for the applicant. Mr. P.R. Pudke, counsel for the respondent. Coram : F.M.REIS, J. Dated : 2nd February 2010. Heard the learned counsel for the applicant and the learned counsel for the respondent. This is an application for condonation of delay of 91 days in filing the second appeal challenging the judgment and decree dated 15th December 2008. The main ground for the delay is that the counsel who was appearing for the applicant failed to inform the applicant about the passing of the impugned judgment and decree. There was further delay to obtain the requisite documents. The learned counsel for the 2 respondent opposes the above application. However, no reply has been filed to the application by the respondent. In the facts and circumstances of the case, I find that no malafides can be attributed to the applicant in approaching this Court belatedly. As such the delay of 91 days in filing the appeal is condoned subject to the applicants paying the respondent a sum of Rs.750/- as costs within two weeks. Application stands disposed of. Judge. Tambaskar.