1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9107 OF 2005 IN SECOND APPEAL NO. 33227 OF 2004 Chandrakant s/o Limbaji More Applicant Versus Devidas s/o Haribhau Gawai & others Respondents Mr.V.B.Garud, advocate for the applicant. Miss S.M.Bidwe, advocate holding for Mr.P.R.Katneshwarkar, advocate for Respondents No.1A to 1C. CORAM: R.M.BORDE, J. DATE : 21st August, 2009. P.C.: Heard Shri Garud, learned Counsel for applicant. This is an application for condonation of delay of 265 days occurred in presenting the appeal. Miss S.M.Bidwe, learned Counsel holding for Mr.P.R.Katneshwarkar, advocate for Respondents No.1A to 1C, oppose consideration of application favourably. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed, however, subject to payment of cost. Delay of 265 days occurred in presenting the appeal stands condoned subject to payment of cost of Rs.1000/- to the 2 High Court Bar Association Library, Aurangabad, within a period of six weeks from today. In the event of failure to pay amount of cost, as directed, within stipulated period, application shall be deemed to have been rejected. Civil Application stands disposed of. Place the appeal for admission after payment of amount of cost. (R.M.BORDE) JUDGE ******* adb/ca910705