1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.17975 OF 2010. IN SAST NO.8644 OF 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 16.12.2010. 1. This is an application seeking condemnation of delay of 425 days in filing the application for restoration of appeal to its original position and for condoning the delay in filing the present application. 2. Mr.Rakhnde, learned counsel vehemently opposes the application on the ground that it is sheer negligence on the part of the applicants. Mr.Rakhunde, fairly accepts that the amount of Rs.5,000/- (Rupees five thousand) as directed was paid to him but the applicants committed 2 default in not submitting the receipt. It is only when the notice of execution was issued to them the applicants have moved the application. The learned counsel further states that the applicants are in possession of the property and as such are causing delay. 3. The dispute between the parties pertain to the rights of immovable property. The Second Appeal is not yet heard for admission. In light of the same, the present C.A. is allowed. The appeal is restored to its original position. 4. Place the Second Appeal for admission on 6.1.2011. 5. Interim stay to the possession only till 6.1.2011. (S.V.GANGAPURWALA,J.) Dt.16.12.2010. asp/office/Ca17975.10 3