1 Civil Appln. no. 255.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO 255 OF 2010 IN CIVIL APPLICATION NO 5638 OF 2010 WITH SECOND APPEAL NO. 103 OF 2006 Syed Nasiruddin S/o Syed Afzaloddin and others ... Applicants V E R S U S Liyakathi W/o syed Jamiruddin and others ... Respondents ... Mr. J.H.Deshmukh,Advocate for Appellants Mr. M.M.Patil,Advocate for respondent ... CORAM : A.V. NIRGUDE, J. DATED : 25TH JANUARY, 2010 PER COURT 1] Heard. 2] Though the reasons mentioned in the application seeking restoration of dismissal of the appeal are not convincing, I am restoring the appeal to its original position and allowing the parties to have the appeal decided on merits. Thus, the application is allowed as prayed for on payment of costs of Rs.2000/-. Out of it, Rs.1000/- shall be paid to the respondents' 2 Civil Appln. no. 255.10 Advocate and remaining Rs.1000/- shall be paid to the Library of The High Court Bar Association, Aurangabad. The receipt of the same be produced on record on next date. 3] The delay of 294 days caused in filing the present application is condoned. The order dated 27.02.2009 in Civil Application No. 5638 of 2007 is set aside and the Second Appeal No.103 of 2006 restored to its original position. 4] Till the next date, the effect of the impugned decree shall remain in abeyance. Sd/- (A.V. NIRGUDE, J.) MTK/