1 17.cas264.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 264 OF 2011 IN SECOND APPEAL ST. NO. 2219 OF 2007 Shri Ashok Gajanan Bodhe. ....Appellant Vs. Madhav Gajanan Bodhe & ors. ....Respondents Mr. Nilesh Wable h/f. Mr. Suresh Shah, Advocate for Applicant. Mr. Sandeep Phatak h/f. Mr. S.B. Deshmukh, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. Heard Mr.Wable, Advocate for the Applicant and Mr. Phatak, Advocate for Respondents. This Civil Application is already restored by payment of costs of Rs. 3,000/-. 2. Civil Application is opposed on the ground that there is no explanation for delay after 31/7/2006. Presentation form prima facie supports the contention of the Appellant that the Appeal was ready for being filed on 31/7/2006 but was not filed on account of non-availability of certified copy of the grounds of Appeal. That copy appears to have 2 17.cas264.11 been made available subsequently in the last week of August, 2006. The delay is also explained in paragraphs- 5 to 7 of the Civil Application. Accepting the explanation delay is condoned. Civil Application is allowed subject to payment of cost of Rs. 1500/-. Cost to be paid to the Respondents. (GIRISH GODBOLE, J)