1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 10693 OF 2008 IN CIVIL APPLICATION NO. 5936 OF 1994 IN SECOND APPEAL ST. NO. 16374 OF 1994 Gulabchand s/o Chaganlal Lalwani ...Applicant VERSUS Mrs. Kesharbai w/o Rambhalal Lahoti-died-L.Rs. 1) Shivprasad s/o Rambhalal Lahoti and ors. ...Respondents ..... Shri Sunil Sonpawale, advocate for the applicant Shri R.F.Totla, advocate for respondent nos. 1 to 3 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 7 th February, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for 2 condonation of delay of 3 years and 275 days caused in filing the present Civil Application and also for setting aside the abatement. 3 Learned counsel for the respondent opposed the present appeal vehemently. 4 For the reasons stated in the present application, the delay caused is not willful, deliberate and intentional, and hence, same deserves to be condoned in the interest of justice, but simultaneously by imposing reasonable costs upon the applicant. 5 In the result, present application is allowed in terms of prayer clause ‘B’ and ‘C’ subject to payment of costs of Rs. 500/- by the applicant to the respondents within the period of two weeks and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca10693.08