1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12344 OF 2008 IN SECOND APPEAL NO. 187 OF 2002 Municipal Counsil Umri .. Applicant Versus Poonamchand Narsingdas Agrawal .. Respondent Shri P. R. Ktneshwarkar, advocate for the applicant. None present for respondent. CORAM : P. R. BORKAR, J. DATE : 10TH JULY, 2009. ORAL ORDER : 1. Shri Katneshwarkar advocate present for the applicant. None present for the respondent. 2 2. This is an application for condonation of delay of 1979 days and for restoring second appeal. 3. Heard. Learned counsel argued that original suit was regarding removal of possession belonging to Municipal Council Umri, Dist Nanded. He further drew my attention to the order of the Additional Registrar dated 19.03.2003, wherein it is stated that for non removal of office objection within four weeks from order dated 19.03.2003, the matter was dismissed. It was conditional order that was passed. The objection was regarding production of certified copy of the appeal memo filed in the District Court and certified copy of judgment of first appeal. It is stated in para 3 of the application that lack of communication between the advocate of the applicant, there is non compliance of the office objection. It is also stated that advocate of the Municipal Council changed from time to time. It is stated that earlier advocate Mr. M. V. Deshpande was looking after the matter and thereafter Shri Botlawar was looking after the matter of council, who is also changed. Therefore, there was delay. Considering that dispute is in respect of immovable property of Municipal Council and in view of reasons given in para 3 of the application, this application deserves to be allowed. The delay is condoned. Hence application allowed in terms of prayer clause (B) and (C) on condition that applicant shall remove office objection within three weeks from today and in case office objections are not removed within given time, then this application shall stand 3 dismissed. The applicant shall pay cost of Rs. 1,000/- to the advocate of the respondent within a period of two months. Application disposed of. [P. R. BORKAR, J.] bsb/July 09