1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.37 OF 2010 IN SECOND APPEAL STAMP NO.31240 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Tushar Sonawane for the applicant. CORAM : D.B.BHOSALE, J. DATED : 19/10/2010 PC: 1. Heard learned counsel for the applicant. None appears for the respondents, though served. 2. By this civil application the applicant has prayed for condonation of delay in filing the appeal. 3. In this application respondent no.2 has not been served and in view thereof it stands dismissed against respondent no.2 as per the order dated 29.3.2010. Learned counsel for the applicant submits that he has instructions not to file an application for restoration of the civil application against respondent no.2. He further submits that he has no objection for S 2 even dismissal of the appeal against respondent no.2 – Kalibai Govinda Gangurde. In view thereof I have heard learned counsel for the parties for condonation of delay insofar as respondent no.1 is concerned. Respondent no.1, though served has chosen not to appear in this application. The applicant has stated reasons in the application and more particularly in paragraph 4 thereof. Though the cause shown by the applicant for condonation of delay is not satisfactory, in the interest of justice and having regard to fact that respondent no.1 has not come forward to oppose this application the delay is condoned subject to payment of the costs of Rs.3,000/- to be paid to the respondent within a period of four weeks from today. It is made clear that the application so also the appeal stand dismissed against respondent no.2 – Kalibai Gangurde. This civil application is disposed of. (D.B.BHOSALE, J.)