1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.696 OF 2009 IN SECOND APPEAL (ST) NO. 10407 OF 2009 Dattatraya Tatoba Khamkar & Others ..Applicants versus Smt.Jagubai N. Sadigale ..Respondent Mr.Vaibhav Gaikwad i/b. A.M.Kulkarni for the applicants None for the respondent CORAM : R.Y.GANOO, J. DATE : 24th JUNE, 2009. P.C: 1. By this application applilcant wants that delay of 904 days should be condoned. The respondent, though served is absent. The absence on the part of the respondent is a circumstance in favour of the applicant for the purpose of condoning the 2 delay in as much as it must be treated that the respondent is not inclined to oppose the condonation of delay. It is on this ground I am inclined to condone the delay. The story put up for application for condonation of delay is required to be accepted on the backdrop of no objection from the respondent. Hence the Order. ORDER Delay condonation application is granted in terms of prayer clause (b) with no order as to costs. (R.Y.Ganoo, J.)