FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 13122 OF 2009 IN CIVIL APPLICATION NO. 2247 OF 2007 IN FIRST APPEAL (ST.) NO. 3417 OF 2007 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Mayure, learned counsel for the applicant. This application is for condonation of delay of 25 days caused in filing the application as also for setting aside the conditional order dated 10.6.2009, passed in civil application No. 2247 of 2007. Civil application No.2247 of 2007 was filed for condonation of delay of 653 days caused in filing the appeal. On 8.2.2008, this Court was pleased to issue notice to the respondents. Subsequently, the matter was listed on 10.6.2009, when 10 weeks time was granted for taking steps to serve unserved respondents. It was further made clear that failure to comply with the order, would result in dismissal of the appeal without reference to the Court. The respondents Nos. 1 and 2 were not served and consequently by order dated 10.6.2009, the appeal as well as application stood dismissed for want of compliance. After hearing learned counsel for the applicant, I am satisfied that delay occasioned is neither deliberate nor intentional. The applicant has sufficiently explained the delay. In view of this, civil application is allowed in terms of prayer clauses "A" and "B" with no order as to costs. (R.G. KETKAR, J.) Date:15.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2247 OF 2007 IN FIRST APPEAL (ST.) NO. 3417 OF 2007 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Notice be issued to the respondent Nos. 1 and 2 returnable after six weeks. (R.G. KETKAR, J.) Date:15.12.2009. rlj/