FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2628 OF 2010 In SECOND APPEAL NO. 85 OF 1996 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.G. Chapalgaonkar, Advocate for applicant. Mr. S.M. Godsay, Advocate for respondent No. 1. CORAM: R. M. BORDE, J. DATED: 26th February, 2010. P.C.: 1. Heard Shri. Chapalgaonkar, counsel appearing for the applicant. This is an application, seeking restoration of the appeal and setting aside the order of dismissal passed by this Court on 12.12.1997 and for condonation of delay of 4345 days occurred in presenting the civil application. 2. Heard respective counsel appearing for the parties. For the reasons stated in the application, the application deserves to be allowed, however, subject to condition in respect of payment of costs. In this view of the matter, the conditional order passed by this Court on 12.12.1997, dismissing the appeal for want of prosecution is recalled and delay of 4345 days in presenting the civil application stands condoned, subject to payment of cost of Rs. 3,000/-, ( Rs. three thousand) payable to the Bar Association Library, High Court of Bombay, Bench at Aurangabad within a period of six weeks from today. Civil Application stands disposed of. [ R.M. BORDE, J.] ssc/ca2628.10