1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION O. NO.368/2011 IN CIVIL APPLICATION F. NO. 3931/2011 IN FIRST APPEAL NO.1/2008 Hariharrao Narayanrao Daterao ...Versus... Smt. Usha Purshottam Daterao and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri V.A. Kothale, Adv. for applicant] [Shri Anjan De, Adv. for respdt. Nos.1 to 7] CORAM : A.B. CHAUDHARI, J. DATED : 15.03.2011. This is an application for condonation of delay in filing application for restoration of order dated 13.08.2010 in Civil Application No.1323/2010. Heard. Learned Counsel for respondent Nos.1 to 7 opposed the application on the ground that the delay is not properly explained and therefore, the delay should not be condoned. Having heard learned Counsel for the rival parties, at the outset, I find that the delay is of 176 days and has occasioned due to filing of several applications. 2 Interest of client cannot be allowed to be suffered in the process. Hence, delay is condoned. Civil Application is allowed. Civil Application stands disposed of. CIVIL APPLICATION F. NO.618/2011 This is an application for restoration of order dated 13.08.2010 in Civil Application No.1323/2010 Heard. For the reasons stated in the application, the same is allowed in terms of its prayer clause (i). Civil Application stands disposed of. FIRST APPEAL NO.1/2008 Having heard learned Counsel for the rival parties, I find that the proceedings of post precept that was received by the Collector have gone to the stage of measurement of boundaries. The only thing that remains to be done is delivery of possession in the proceedings. Advocate Shri Anjan De for respondent Nos.1 to 7 submits that the last formalities of measurement should also allowed to be done. This Court agrees with the request of Advocate Shri Anjan De since there is no point in 3 stopping further process on small point. Hence, except for possession, all remaining formalities and procedure shall be completed. The appeal will be taken up for final hearing. The appellant is directed to supply photo copies of depositions of all witnesses recorded before the lower Court and the necessary documents, within a period of two weeks from today. Stand over to 29.03.2011. Judge ssw