1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4099 OF 1999 IN SECOND APPEAL ST. NO. 4885 OF 1999 Bhausaheb Gorakh Bodkhe (deleted) Babanbai Gorakh Bodkhe ...Applicant VERSUS Kalyan Babu Chitte and others ...Respondents ..... Shri Sangeet holding for Shri V.J.Dixit, Senior advocate for the applicant Respondent nos. 1, 2 and 6 absent, although served Application dismissed against respondent nos. 3 to 5 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 14 th JANUARY, 2010 PER COURT : 1 Heard Shri Sangeet, advocate holding for Shri V.J.Dixit, learned Senior counsel the applicant. 2 2 This is an application preferred by the applicant for condonation of delay of 37 days caused in filing accompanying First Appeal. 3 For the reasons stated in the present application, it appears that the applicant has explained the delay satisfactorily. It also appears that the said delay is not willful, deliberate and intentional, and hence, same deserves to be condoned in the interest of justice. 4 In the result, present application is allowed in terms of prayer clause ‘A’ and delay of 37 days caused in filing accompanying Appeal stands condoned and accompanying Second Appeal be registered and numbered and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca4099.99