ca139.09.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 139/2009 in M.C.A. St. No. 5551/2008 (rest.) in S.A. No. 33/2000 Vinayak Sakharam Nimgaonkar ..vs.. Ramabai Devidas Deshmukh & anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. S. R. Deshpande, Advocate for applicant. Mr. B. N. Mohta, Advocate for non applicants. Coram: R. K. Deshpande, J. Date : January 21, 2010 1. Heard learned counsel for the parties. 2. This is an application for condonation of 62 days delay caused in filing the application for restoration of the second appeal. The second appeal was dismissed on 06.09.2007. Mr. Mohta, learned counsel for non applicants has filed reply to oppose the application for condonation of delay. 3. After hearing the parties and going through the application, I am satisfied that sufficient cause is made out for condonation of delay. Hence, the delay caused in filing the application is condoned. The application stands disposed of accordingly. ca139.09.odt 2 Misc. C. A. St. No. 5551/2008 1. Heard learned counsel for the parties. 2. Learned counsel for the non applicants has vehemently opposed the application for restoration on the ground that the reasons stated in the application are not sufficient to restore the second appeal. However, after going through contents of the application, I am of the opinion that case is made out for restoration of the appeal. Hence, the application is allowed. The second appeal is restored subject to payment of cost of Rs. 2,000/- to be paid by applicant to non applicants. The M.C.A. stands disposed of accordingly. J UDGE kahale