36-ca1765-10.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1765 OF 2010 IN SECOND APPEAL (ST.) NO. 28527 OF 2010 Rajaram Maruti Gadre & Ors. ....Applicants. Vs. Sampat Bhau Gadre & Anr. . ....Respondents --- Mr. Vinod Jadhav for the Applicants. Mr. Vikas Kolekar for Respondent No.2. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1. Heard Mr. Jadhav for the Applicants and Mr. Vikas Kolekar for the Respondent No.2. Though an Affidavit-In-Reply is filed by the Respondent No.1 -Sampat Bhau Gadre through Advocate R.S. Sapkal and though his name is shown on Board, Advocate R.S.Sapkal has not appeared today. 2 On 26th September, 2011 following order was passed : 1 On 19th September, 2011, this Civil Application was called out twice. Since nobody appeared for Respondent, hearing was adjourned to today. 2 Today, Mr. Kolekar appears for Respondent No.2 who is supporting the Application but the Advocate for Respondent 36-ca1765-10.sxw 2 No.1 is again absent. Though, Rejoinder has been filed in Civil Application No. 1766 of 2010, the Advocate for Applicants states that copy of the said rejoinder is not served on him. 3 In view of this, the hearing is again adjourned by two weeks. The Advocate for Applicants is allowed to take photo copy of the said rejoinder dated 17th February, 2011.” 3 In view of this, I have proceeded to hear Mr. Jadhav and Mr. Kolekar. The explanation for the delay given in paragraphs 6 and 7 of the Civil Application is a plausible explanation. The Advocate for the Respondent No.2 states that in fact settlement talks were going on. The Affidavit filed by the Respondent No.1 merely states that the particulars of settlement talks had not been given. One cannot overlook the fact that the settlement is reached between the Appellant and Respondent No.2. In view of this, sufficient cause for the delay is made out. Civil Application is allowed in terms of prayer clause (a). 4 Affidavit-In-Reply filed by Respondent No.1 is a common Affidavit -In-Reply filed in CA Nos. 1765/2010 and 1766/2010 and C.A.No. 900/2011. Hence, Affidavit-In-Reply filed shall be kept in C.A. No. 900/2011. [G. S. GODBOLE, J.]