1 S.A.NO. 102/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. SECOND APPEAL NO.102 OF 2009. Kashiram S/o Nivrutti Khandre, Age: 40 years, Occ: Agriculture, R/o: Umara, Tq. & Dist.Hingoli. ...Appellant. (Ori.Pltff./applicant) VERSUS Sambhaji S/o Limbaji Khandare, Age: 34 years, Occ: Agriculture, R/o Umara, Tq. & Dist.Hingoli. ...Respondent. (Ori.deft./respondent) ... Mr.P.S.Agrawal,Advocate for the appellant. Smt.Maya R.Jamdhade, Advocate for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 14th October, 2009. COURT’S ORDER: 1. Heard. 2. By consent appeal is taken up for hearing. 2 S.A.NO. 102/2009. Though, initially the respondent opposed the appeal, but subsequently by consent following order is passed. 3. On payment of costs of Rs.3000/- (Rs.Three Thousand only) to be paid by the appellant in this Court on or before 13th of November, 2009, directly to the learned Advocate appearing for the respondent, the appeal shall be allowed. The impugned order dated 30th September, 2008 shall stand set aside and the application seeking condonation of delay in filing of the First Appeal shall stand allowed. If the cost is not paid within the stipulated time, the appeal shall be dismissed without further reference to the Court. If the costs is paid, the appeal stands remanded back to the learned First Appellate Court. The learned Judge of the First Appellate Court shall decide the appeal on merit, as soon as possible. (A.V.NIRGUDE,J.) lkp