1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5107 OF 2004 IN SECOND APPEAL ST.NO.26623 OF 2001. Shaikh Chand s/o Shaikh Lalu Applicant Versus Shaikh Habib s/o Sk.Sardar & another Respondents Mr.Mujtaba Gulam Mustafa, advocate for the applicant. Mrs.C.S.Deshmukh, advocate holding for Mr.S.P.Deshmukh, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: This is an application seeking condonation of delay of one year and nine days occurred in presenting second appeal. Heard learned Counsel for respective parties. For the reasons stated in the application, application is allowed. Delay of one year and nine days occurred in presenting second appeal stands condoned, however, subject to imposition of condition in respect of payment of cost of Rs.2000/-. Applicant shall deposit cost of Rs.2000/- (Rs.Two thousand) with High Court Bar Association Library, Aurangabad, within six weeks from today. In the event of failure to deposit amount of cost, order passed today on this Civil Application shall be deemed to have been withdrawn. Civil Application stands disposed of. Place the appeal for admission immediately after deposit of cost, as directed. (R.M.BORDE) JUDGE ******* adb/ca510704