1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.7079 Of 2009 In Second Appeal Stamp No.10140 Of 2009 Digambar s/o Narayan Akat And Others. ... Applicants. Versus Shaikh Abdul Shaikh Mohinoddin ... Respondent. -------- Shri. S.R. Bagal, Advocate for applicants. Shri. S.R. Choukidar, Advocate for respondent. -------- CORAM: R.M. BORDE, J. DATE: 22nd JANUARY 2010 PER COURT : 1) Heard respective counsel for the parties. 2) This is an application seeking condonation of delay of 1900 days occurred in presenting second appeal. The applicants are original defendants against whom a decree of 2 perpetual injunction has been passed by the First Appellate Court while dealing with an appeal. It is the contention of the applicants that the counsel representing them before the First Appellate Court met with untimely death and as such they had no information in respect of the progress of the appeal. 3) Considering the reasons put forth by the applicants I am of the opinion that the application tendered by the applicants for seeking condonation of delay needs to be considered favourably. And at the same time it is also to be taken note of the fact that there is enormous delay of 1900 days as a result of which the respondents - original plaintiffs are put to inconvenience. Considering these aspects the applicants shall have required to put to terms in respect of payment of cost. 3 4) The application seeking condonation of delay of 1900 days is thus allowed. The delay occurred in presenting second appeal stands condoned however subject of payment of cost of Rs.10,000/- (Rupees ten thousand only) payable within a period of six weeks from today. On deposit of the amount of cost, the respondents – original plaintiffs shall be entitled to withdraw the same. The application stands disposed of. (R.M. BORDE, J.) rsl/ ca.7079.09