1 ca647.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.647 OF 2011 IN SECOND APPEAL ST. NO. 1362 OF 2011 [ Kanu s/o Kalu Rathod vs. Shankar s/o Kalu Rathod & Anr. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. V.A. Bagal Patil, Advocate for applicant. Mr. G.B. Kulkarni, Advocate for R-1 & 2. CORAM : S.S. SHINDE, J. DATE : 17TH NOVEMBER, 2011 PER COURT : . Heard. 2. Perused the contents of the Civil Application. It is not in dispute that, the applicant and respondents are real brothers. The Counsel for the applicant submits that, the lower appellate Court passed exparte decree when the said decree was for execution. After receiving notice 2 ca647.11 from the Executing Court, the applicant came to know about such passing of the decree by the lower appellate Court. Other grounds are also taken in the application for condonation of delay. Therefore, though the Counsel for the respondents has vehemently opposed the application for condonation of delay, in the facts and circumstances of this case, delay deserves to be condoned. Delay stands condoned. 3. Civil Application is allowed and disposed of. . Second Appeal to be listed for admission on 15-12-2011. [S.S. SHINDE, J.] sut/NOV11