{1} ca1679110.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.16791 OF 2010 IN CIVIL REVISION APPLICATION NO.1351 OF 1999 Ramabai d/o Kautik Patil Applicant Versus Baliram s/o Bhaurao Mahajan, died, per heirs & L.Rs. Respondents Mr.A.S.Gandhi, advocate for the applicant. Mr.V.P.Patil, advocate for respondents no.1 & 2. CORAM : R.M.BORDE, J. DATE : 07 th April, 2011 PER COURT: 1 This is an application seeking setting aside of the order dated 19.03.2003, passed by this Court and for condoning delay of 2778 days caused in presenting the application. 2 Normally this Court takes a liberal view in condoning the delay and while disposing the matter, always an endeavour is made to decide the matter on its own merits. So far as instant case is concerned, the record of this Court has already been destroyed in observance of the rules governing maintaining of records on account of dismissal of Petition in view of conditional order dated 19.03.1993. So also the record of the executing Court and the trial Court relating to Regular Civil Suit No.32/1978 is {2} ca1679110.odt also destroyed in observance of rules prescribed by Civil Manual. The questions raised in the Civil Revision Application cannot be decided in the absence of the record. Apart from this, petitioner is also not in a position to substantiate his objections on the basis of available record. Delay of 2778 days caused in presenting the application by the applicant has also not been properly explained. In these circumstances, no indulgence can be shown to the applicant. Civil Application, therefore, stands rejected. R.M.BORDE JUDGE ******* adb/ca1679110