1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.5104 of 1998. In Misc. Civil Application St.No.21070 of 98. [Kumari Shobha Joshi] Vs. Smt. Seetabai and others. ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Coram: B. P. DHARMADHIKARI, J. Dated: 17th March 2008. The applicant has moved this application for condonation of delay in filing the application for restoration. Advocate Mr. Gilda states that the circumstances led to delay are explained in the affidavit, and same constitute just and sufficient reason. Advocate Shri Chandurkar for the contesting respondents no.6 to 11 strongly opposed the prayer. However, considering the fact that the second appeal was of 1993, and was dismissed 2 in 1998, I am inclined to condone the said delay as I do not find any malafides on the part of the applicant. Delay is therefore, condoned subject to payment of costs of Rs.300/- to be deposited with High Court Legal Sub Committee by 07-04-2008. MCAST NO.21071 OF 1998. This application is taken uip for consideration with the consent of parties. Advocate Mr. Gilda states that he is deleting all the respondents except the respondents no.6 to 11 from Misc. Civil Application. Leave grantred at the risk of the applicant/appellant. Necessary deletion be carried out forthwith. Heard Advocate Mr. Gilda for the applicant and Advocate Shri Chandurkar for respondents no.6 to 11 on merits of this MCA. 3 This Court has passed the order today in C.A. Nmo.5104 of 2008, and condoned the delay. If the costs as imposed are paid, prayers made in the Misc. Civil Application shall stand granted, and the order dated 3-4-1998 dismissing the Second Appeal shall stand withdrawn. Second Appeal shall stand restored. Office to list the matter for final hearing thereafter. JUDGE Sbm