(1) WP. 4485.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4485 OF 2010 Rambhau S/o Nana Ghuge .. Petitioner VERSUS Nandkumar S/o Abaji Deshpande and anr. .. Respondents Mr. S.S. Jadhavar, Advocate for the Petitioner Mr. S.B. Yawalkar, Advocate for the respondents ... CORAM : VR. KINGAONKAR, J. DATED : 28TH JUNE, 2010 ORAL ORDER:- 1] By consent, the Petition is being disposed of on terms stated below:- [I] If the petitioner will hand over actual possession of the suit property, to the respondents within a period of 3 weeks, the respondents shall execute possession delivery receipt in his favour and on strength of filing such possession delivery receipt (original) the learned District Judge, Sangamner shall allow the delay condonation application (Misc. Application no. 5 of 2010). In such a event, the impugned order be treated as set aside. In case the actual possession is not delivered by the petitioner to the respondents within (2) WP. 4485.2010 a period of 3 weeks, this Petition will be deemed as dismissed and the impugned order will be deemed as confirmed. [II] The learned District Judge, on compliance of the condition regarding delivery of possession, condone the delay, would expedite final hearing of the appeal and complete the hearing thereof within a period of 1 year from the date of registration of the appeal. As a result, would allow the delay condonation application, the delay caused in making restoration application as well as caused in filing of the appeal shall be condoned on compliance of the condition pertaining to handing over of possession. [III] The parties shall not create third party interest. 2] Petition disposed of. Sd/- [V.R. KINGAONKAR, J.] arp