: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.448 OF 2007 IN SECOND APPEAL (ST.) NO.5953 OF 2007 Popat Laxman Karanjwane .. Applicant V/s. Baban Sadhu Phalake, Decd., Chandrabhagabai B. Phalake & Ors. .. Respondents Mr. S.S. Kanetkar i/b. Mr. G.S. Godbole for the Applicant. Mr. R.D. Soni i/b. Mr. A.S. Gadkari for Respondent Nos.1A to 1F and 2A to 2F. CORAM : SMT. NISHITA MHATRE, J. DATED : 27 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay in presenting the Second Appeal. 2. Mr. Soni, the learned Advocate for the respondents, points out that the decree has already been executed on 27th September, 2006. He relies on the Panchanama and the Bailiff’s report indicating that possession of the suit premises had already been handed over to the respondents. He further : 2 : points out that despite the execution of the decree, the respondents are ready and willing to pay the amount of Rs.12 lacs to the applicant towards a settlement of their dues without prejudice to the rights of the respondents, who have executed the decree. 3. In these circumstances, in my opinion, there is no need to restore the Second Appeal, which has been dismissed. Therefore, the Civil Application is dismissed. 4. However, the offer made by the respondent No. 1(F), which is contained in the affidavit filed by him on 23rd October, 2007 in reply to this Civil Application, shall remain open for the applicant- appellant to accept for a period of four weeks from today.