1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9687 OF 2006 SECOND APPEAL ST. NO.19909 OF 2006 Dattatraya s/o Mahadeo Nande & others Applicants Versus Shesherao Digambarrao Nande & others Respondents Mr.V.S.Tanwade, advocate for the applicants. Mr.Dhananjay Deshpande, advocate for Respondents No.1 & 2. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: This is an application seeking condonation of delay of 1038 days occurred in presenting the appeal. Heard Shri Tanwade, learned Counsel for the applicant and Shri Dhananjay Deshpande, learned Counsel for Respondents No.1 & 2. For the reasons stated in the application, application deserves to be allowed , however, subject to payment of cost of Rs.1000/- as precondition. The application is allowed. Delay of 1038 days occurred in presenting the appeal stands condoned, subject to payment of cost of Rs.1000/- (Rs.One thousand). The applicants shall deposit amount of cost with High Court Bar Association Library, Aurangabad, within four weeks from today. In the event of failure to deposit amount of cost within stipulated period, as directed, the order passed today on this application shall be deemed to have been revoked without further reference to the Court. After deposit of the cost, appeal be listed for admission immediately, (R.M.BORDE) JUDGE ******* adb/ca968706