( 1 ) C.A. Nos. 4563 & 4564 of 2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 4563 of 2010 and Civil Application No. 4564 of 2010 (In First Appeal No. 335 of 2009) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. D.S. Bharuka, Advocate, for the applicant. Smt. Rajshree Gudgilla, Advocate, holding for Mr. Vijay Sharma, Advocate, for respondent no.1. Mr. Atul Mishra, Advocate, for respondent no.2. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 1ST APRIL 2010 1. Heard learned Counsel for the parties. 2. The First Appeal No. 335/2009, listed on 5th October 2009, was dismissed for want of prosecution. Steps to restore it could not be taken within the time frame, adding of spices, 103 days ( 2 ) C.A. Nos. 4563 & 4564 of 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders delay. The application for condoning the delay and restoration of the appeal is made. 3. The delay is not deliberate. It is sufficiently explained. The delay is condoned. The order dated 5-10-2009 is set aside. The First Appeal is restored to its original position. The appellant to pay costs of Rs. 5,000/- (Rupees five thousand) to each of the respondents. Costs to be paid within 30 days from today, else to face consequences. 4. The Civil Applications are accordingly allowed. ( K.U. CHANDIWAL ) JUDGE bgp/ca4563