1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1660 OF 2009 IN FIRST APPEAL NO.224 OF 1999 Shri KI.N. Thakkar & Ors. ..Applicants. Vs. Smt. Aminabibi Malang Baig & Ors. ..Opponents. (Orig.Respondents.) Mr.S.M. Gorwadkar for the Applicants. Mr.A.S. Suryawanshi i/b. Mr. A.A. Kumbhakoni for Respondents. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 6TH MAY, 2009 P.C. :- Heard Mr. Gorwardkar, the learned counsel for the Applicants. Mr. Suryawanshi h/f. Mr.Kumbhakoni appears for Respondents. 2. The Applicants had filed First Appeal No.224 of 1999 challenging the decree passed on 30.12.1998 in Special Civil Suit No.72 of 1997 by the learned Civil Judge, Senior Division at Panvel. The Applicants were Defendant nos.1 to 4 said suit and the Appeal was admitted on 22.3.1999. However, on account of the conditional order dated 12.2.2001 passed by this Court, the said Appeal came to be dismissed for default. Hence, this application for restoration of the 2 said Appeal. 3. As per the office note, this application is beyond time by 8 years and 19 days and the prayer for condonation of delay has been set out in this application for restoration. 4. In normal course, the application appears to be inordinately delayed. However, it was submitted by Mr.Gorwadkar that the suit property admeasuring 33.4 sq. mtrs. forming part of City Survey No.939 of Panvel, came to be purchased by the Applicants from Respondent nos.1 to 8 and the sale deed has been registered on 29.11.2001. Under these circumstances, Mr.Gorwadkar has instructions to withdraw the First Appeal on its restoration. 5. Hence, delay condoned and the application allowed in terms of prayer clause (c). (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)