(1) CA. 1449.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1449 OF 2009 IN SECOND APPEAL (STAMP) NO. 8644 OF 2008 Rambhau S/o Kirshnath Redekar and anr. .. Applicants Versus Balaji S/o Hari Bachate and ors. .. Respondents Mr. Vikas S. Tanwade, Advocate for the applicants Mr. P.B. Rakhunde, Advocate for the Respondents 1 to7 CORAM : A.V. NIRGUDE, J. DATED : 24TH JULY, 2009 P.C.:- 1] Heard. 2] In order to explain the delay of 485 days in filing of the second appeal, the appellants said that the appellant no.1 is 70 years old, and he could not take steps in time due to his in-different health. The appellant no.2 however, has remained silent and has not offered any explanation for the delay. Nonetheless, since the right to immovable property is involved, the delay deserves to be condoned on imposing condition of costs. 3] On the appellants paying costs of Rs.5000/- to the respondent no.1 or his Advocate, within four (2) CA. 1449.2009 weeks from today, the delay shall stand condoned and appeal shall be registered. 4] In case the costs are not paid as directed above, the appeal shall stand dismissed without further reference to the Court. C.A. disposed of. Sd/- (A.V. NIRGUDE, J.) arp