( 1 ) 88 ca 7339.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 88 CIVIL APPLICATION NO. 7339 OF 2026 IN SA/289/2014 ZILLA PARISHAD NANDURBAR THROUGH ITS CEO AND ANOTHER VERSUS PUNDALIK GOKUL SUTAR AND ANOTHER ….. Advocate for Applicant : Mr. Patil Pravin S. AGP for Respondents/State : Mr. P.M. Kulkarni ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 28.09.2026 P.C.:- 1. This is an application for condonation of delay of 182 days caused in filing the application for restoration of the second appeal which was dismissed in default. 2. Perused the application. Heard the learned advocates for both the sides. 3. The learned advocate for the respondents strongly opposed the application. However, considering the reasons stated in the application and the peculiar set of facts of the case and as per the law laid down by the Hon’ble Supreme Court in the case of M.D.A. Chaudhary v. Kartar Chand and Ors.; MANU/SC/0877/2025, to decide the lis finally on merit the application 2026:BHC-AUG:44216 ( 2 ) 88 ca 7339.26 deserves to be allowed. The delay of 182 days stands condoned. The application stands allowed in the interest of justice. Appeal be restored to its original stage. 4. As per oral prayer made by the learned advocate for the applicants, the stay granted by this Court in civil application nos.1119/2012 and 1120/2012 shall continue to operate till the decision of the appeal. 5. Hearing of the appeal is expedited. Learned advocate for both the sides to argue the appeal on the next date. 6. Call record and proceedings. Hamdast allowed. 7. Place the appeal for hearing on 09.10.2026 at 02.30 p.m. [SANJAY A. DESHMUKH, J.] mubashir