-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 996 OF 2008 IN SECOND APPEAL (St.) NO. 12346 OF 2008 Shri Kantilal Govind Kayastha .. Applicant. V/s. 1. Shri Murlidhar Govind Kayastha & Ors. .. Respondents. --- Mr. Rahul Walvekar h/f. Mr.R.D.Suryavanshi for the Applicant. Mr. S.M.Sabrad for the Respondent Nos. 7 to 10. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 10th OCTOBER, 2008. DATED : 10th OCTOBER, 2008. DATED : 10th OCTOBER, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Walvekar, learned counsel for the applicant and Mr.Sabrad for the respondent nos. 7 to 10. 2. The learned counsel for the applicant makes a statement that respondent no.1 is only contesting party but none appears on his behalf. The civil application is filed for condonation of delay of two years in filing the above second appeal. 3. Since nobody appears on behalf of the respondent no.1 though served, by rule of non-traverse it is to be -: 2 :- presumed that the reasons given by the applicant for condonation of delay are admitted. 4. The civil application is, therefore, allowed in terms of prayer clauses (a) and (b) subject to the payment of Rs. 1500/- to be paid to Kirtikar Law Library within a period of two weeks. (R.V.MORE,J.)