1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5651 OF 2009 WITH CIVIL APPLICATION ST.NO.4891 OF 2009 IN SECOND APPEAL NO.537 OF 2000 Sangram s/o Madhav Kore, deceased, through L.Rs. Applicants Versus Lingram s/o Madhav Kore & another Respondents Mr.K.M.Nagarkar, advocate for the applicants. Mr.S.S.Halkude, advocate for Respondents No.1. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: These are applications for condonation of delay of 1801 days occurred in presenting application for recalling order passed by this Court on 23.02.2004 dismissing the appeal for want of prosecution and for restoration of Second Appeal. Heard learned Counsel for respective parties. Considering the contentions raised in the applications as well as considering the fact that subject matter of challenge in appeal is in respect of immovable property, applications need to be considered favourably. However, considering the delay, that has occurred in presenting the application, applicants need to be put to certain terms in respect of payment of cost. In this view of the matter, delay of 1801 days occurred in approaching this Court stands condoned subject to payment of cost of Rs.2000/- (Rs.Two thousand) payable to High Court Bar Association Library, Aurangabad. Amount of cost shall be deposited within four weeks from today. The order dated 2 23.02.2004, passed by this Court, dismissing the appeal for want of prosecution stands recalled subject to fulfillment of above condition in respect of payment of cost. In the event of failure to deposit amount of cost within stipulated period, order passed today on these Civil Applications shall be deemed to have been withdrawn. After deposit of amount of cost, appeal be placed for admission immediately. Both Civil Application stand disposed of. (R.M.BORDE) JUDGE ******* adb/ca565109