1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4288 OF 2009 IN FIRST APPEAL STAMP NO.6906/2009 ---------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ---------------------------------------------------------------------------------------------- Mr. A.N.Gaddime, Adv., for the applicant. ... CORAM : K.U.CHANDIWAL, J. DATE: 10 th June, 2009 ... 1) Heard Counsel for the appellant. There is delay of 862 days in causing to file the appeal. The matter revolves to partition of immoveable property. The communication gap between the Counsel and the appellant is one of the cause. They learnt of the fate of the suit only on execution being filed against them. 2. Considering the nature of controversy, status of the parties, they being illiterate and coming from poor strata, the delay, apparently is not deliberate. The rights accrued or in existence 2 to the appellant should not be foreclosed on the delay which though is exorbitant, is properly explained. Application allowed. (K.U.Chandiwal) Judge. agp/office/ca4288-09