1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3695/2009 IN CIVIL REVISION APPLICATION STAMP NO.5790/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri R.F. Totla, Advocate for petitioner. Shri A.M. Pathan h/f Shri M.Y. Shaikh Advocate for respondent sole. ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 10th FEBRUARY, 2010. PER COURT : 1 Heard. 2 The revision applicant seeks to condone delay of 1905 days in filing Civil Revision Application. 3 The record indicates; the applicant had filed Second Appeal No. 711/2005 against the order passed by the learned District Judge, Aurangabad in Regular Civil Appeal No. 114/2002. On 6th January, 2004 the above Second 2 Appeal came to be filed in time without any deliberate delay, The appeal could not be entertained as by order dated 27th November, 2008 it was listed for regular admission and thereafter it was dismissed on 6th February, 2009, holding that Second Appeal is not maintainable in view of bar created under section 102 of the Code of Civil Procedure. Consequent upon such dismissal, without further time to waste, the present application is moved and hence exorbitant delay is projected. The legal situation, made it impossible for the applicant to prosecute his Second Appeal. Consequently appellant can not be branded a person responsible to face consequences for the delay. Delay is sufficiently explained. 4 The application is allowed. [ K.U. CHANDIWAL, J ] tsk/ca3695.09