1 21-cas-1066-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1066 OF 2010 IN SECOND APPEAL (ST)NO.15342 OF 2010 Shri Bapurao M. Madane .. Applicant. V/s. Shri Baban G. Londhe .. Respondent. Ms. V. B. Mohite i/b. Mr. V. S. Talkute, for the Applicant. Mr. R. V. Bansode, for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 30th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 The Civil Application is filed for condonation of delay of two years and 191 days in filing Second Appeal. Mr. Bansode has vehemently opposed the Civil Application. Affidavit in Reply has been filed contending that the Second Appeal does not have merits and also contending that the Appeal is filed by abusing process of law. The said objection regarding the 2 21-cas-1066-2010.sxw merits will be considered at the time of hearing of the Second Appeal for admission. In so far as condonation of delay is concerned, that aspect need not to go into at this stage. 3 The reasons given in paragraph Nos. 3 and 4 are acceptable and, if, Applicant is not properly advised and had decided to file Review which cannot be decided, the Applicant cannot be penalized by dismissing the application. Hence, a case for restoration is made out. Civil Application is allowed. Delay condoned, subject to payment of costs of Rs. 2,500/­ to be paid within six weeks. Tender of the costs to be paid to the Advocate for the Respondent or deposit in Court will be sufficient compliance of this order. If costs are not paid, Civil Application shall stands dismissed automatically without further reference to the Court. 4 List the Second Appeal for admission after six weeks. (G.S.GODBOLE, J.)