1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 8502 OF 2007 IN FA ST. 18987 OF 2007 (Mrs. Vatsalabai Wasudeo Pardhi & Ors. vs. Mrs. Barubai wd/o Bisen Pardhi & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 19, 2009. Heard Shri Bhutada, learned counsel for the applicants. The prayer is to condone delay of 703 days in filing appeal under Section 96 of Civil Procedure Code, 1908. The delay is explained on affidavit and it is stated that the letter sent by the advocate about the decision of Civil Court was not received by the appellants. After they contacted the office of said advocate, they got the knowledge and then papers were collected and handed over to present advocate in October 2006. The papers were misplaced in the office of said advocate and then papers were traced out in October 2007. Shri Borkar, learned counsel for respondents No. 1, 2, 4 to 8 and Shri Daga, learned counsel for respondent No.3 strongly opposes the prayer for condonation of delay. They state that the affidavit does not explain the complete period. 2 Shri Borkar, learned counsel wants to show that after getting knowledge in June 2006, papers were collected in August 2006 and have been handed over to the counsel in October 2006. He states that there is no explanation for June 2006 to August 2006 and August 2006 to October 2006. The suit filed was for partition and it has been dismissed. In the circumstances, the explanation furnished cannot said to be insufficient and there are no malafides. Delay is condoned subject to payment of cost of Rs.5,000/- to the respondents represented by Shri Borkar, learned counsel and Rs.5,000/- to the respondent represented by Shri Daga, learned counsel. If the costs are so paid by 28.2.2009, delay shall stand condoned. The office to register first appeal and list it for further consideration. JUDGE *GS.