1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 8307 OF 2008 IN SA ST. NO. 11679 OF 2008 (Moreshwar Chindhuji Madavi vs. Sanjay Lataru Meshram & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. Heard Shri Gharote, learned counsel for the applicant/ appellant. The prayer is to condone delay of 35 days in filing Second appeal on the ground that the applicant/ appellant is in service of Railways and at the relevant time, he was out of Nagpur for continuous period. It is stated that when the clerk working with the advocate for the applicant tried to intimate about the judgment and decree to the applicant, his house was found locked. The application is being strongly opposed by Shri Jetha, learned counsel for the respondents, who states that the application has been drafted casually. He further states that the reason in any case cannot be sufficient ground for condoning delay. From the application, it appears that the dispute pertains to recovery of possession of plot 2 which is in Nagpur city. In the circumstances, I do not find any malafides in the matter. Hence, delay is condoned, however, subject to payment of cost of Rs.1,500/- by the applicant to the respondents by 15.4.2009. If the costs are so paid, office to register first appeal and place it for further consideration. JUDGE *GS.