IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.S. NO.602 OF 2010 IN SECOND APPEAL ST. NO.7620 OF 2010. (NANDA SHRIRANG WARARKAR & ANR.....VS.. SMT. PUSHPA VISHAL GAURKAR & ANR..) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.J.Thakkar, Advocate for Applicants. Mr. A.T.Purohit, Advocate for Respondents. CORAM : SMT. VASANTI A. NAIK, J. DATED : OCTOBER 19, 2010. Heard the learned counsel for the parties. The learned counsel for the non-applicants strongly opposes the prayer made in this civil application and states that the delay of 305 days in filing the appeal is not satisfactorily explained by the applicants. The learned counsel for the non-applicants states that the statement of fact made in paragraph Nos. 3 and 4 of the application are false to the knowledge of the applicants as the draft of the second appeal was prepared on 22.06.2009 and the non-applicants were able to secure a copy of the same from the Tahsildar at Ghuggus. The applicants have filed a rejoinder to the reply filed by the non-applicants and it is stated in the rejoinder that there is some mistake in typing the date on the draft of the second appeal and it was also noticed by the counsel preparing the second appeal that the certified copies of the judgment of the trial Court were not available in the case file. In the facts and circumstances and for the reasons stated in the civil application the delay of 305 days in filing the appeal is condoned subject to payment of costs of Rs. one thousand to the respondents within a period of one week. The costs may be paid to the counsel for the respondents, for and on behalf of the respondents, for the sake of convenience. The Civil Application is allowed in the aforesaid terms and disposed of. The matter may be listed for admission on 27th October, 2010. JUDGE RR.