1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.111 OF 2009 IN SECOND APPEAL NO.708 OF 1992 HIRABAI LAXMAN MANE (DECEASED) THROUGH HLR JANARDAN LAXMAN MANE & ORS. ..APPLICANTS VS. SHRI PRATAPRAO BHIMRAO PATIL ..RESPONDENT Mr. S.G.Deshmukh for the Applicants Mr. Umesh Mankapure for the Respondent CORAM: R.G.KETKAR, J DATE : 25TH JANUARY, 2010 P.C. 1. This Civil application is for condonation of delay in taking out this Application as also for restoration of Cross Objection in Second Appeal No.708 of 1992. In support of this Application, Shri S.G.Deshmukh, learned Counsel for the Applicants submitted that the Applicants had already 2 removed the objections. The office has wrongly recorded that the objections were not removed and on that ground the cross objections were dismissed. 2. On the other hand, Shri Mankapure, learned Counsel for the Respondents (In Civil Application Original Appellants) submits that there is no explanation for filing this application after 12 years. Shri Deshmukh submitted that the cross objections were entertained after condoning the delay in the year 2001 and there is no delay of 12 years as contended by the Respondents. 3. After hearing both the sides, I am satisfied the Applicants have made out sufficient cause for condoning the delay as also for restoration of Cross objections. This is more so, when the Second Appeal No.708 of 1992 is pending for final disposal. Hence, the Civil Application is allowed in terms of prayer clauses (a), (b) & (c), with no order as to costs. 3 4. The interim order passed on 11th January 2010, to continue for further period of two weeks, so as to enable the Applicants to take out appropriate application. Decree of possession in Regular Civil Appeal No.301 of 1985 shall not be executed for a period of two weeks to enable the Applicants to take out appropriate application. (R.G.Ketkar, J.)