VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1118 OF 2007 IN SECOND APPEAL (St.) No. 18471 OF 2007 Shri Dattatray Ganu Ranjankar Applicant Vs. Sitaram Shankar Patil and Ors. Respondents Mr. Prashant Hagare i/b Kuldeep S. Patil, for the applicant. CORAM : A. A. KUMBHAKONI, J. DATE : SEPTEMBER 2, 2008. PC :- 1. This application is filed seeking condonation of delay of 86 days that has occured in filing original Second Appeal. The Civil Application was called out today twice in the morning, but nobody appeared for the respondent. Though the matter was kept back, it was not even mentioned by anybody on behalf of the respondents. When the matter was again called out in the afternoon session , nobody appears for the respondent. The learned counsel appearing on behalf of the respondent was not present even in the afternoon session. - 2 - 2. No reply is filed to the delay condonation application by the respondents. Obviously, the rule of "non-traverse" will apply and it will have to be assumed that the respondents do not want to contest the application. For want of denial on the part of the respondents, as to the contents of this Civil Application, this Court has no other option but to accept the same as true and correct. 3. Consequently for all the grounds set out in the civil application, the Civil Application is allowed. The entire delay that has occured in filing the original Second Appeal is hereby condoned. 4. The original Second Appeal be registered and numbered, subject to removal of office objection, if any, and the same be placed for admission. Sd/- [ A. A. KUMBHAKONI, J.]