1 cao229.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O. NO.229/2026 IN M.C.A. ST. NO.10114/2025 IN SECOND APPEAL NO.403/2009(D) Manohar Motiram Bhajipale and others ..V/s.. Mainabai Bapurao Shiwarkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.J. Vairagade, Counsel h/f. Mr. A.M. Chandekar, Counsel for the appellants. Mr. A.D. Gabhane, Counsel for the respondent. CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 29.9.2026. Heard. 2. This is an application for condonation of delay of 253 days caused in filing the application for restoration of appeal. The appeal was admitted on 25.1.2010 and it was listed for final hearing. Nobody appeared for final hearing and, therefore, the appeal was dismissed. 3. The learned Counsel for the applicants has stated that dismissal of appeal was not informed by the then Counsel to the applicants who are the residents of village and they were not having the knowledge of the same. They came to know about the dismissal of the appeal when they received the notice from the Executing Court. Considering the reasons given in the application, delay of 253 days is condoned. This Court while admitting the matter and granting stay has directed the appellants to deposit Rs.10,000/- before 31st March every year. On depositing the arrears of said amount within a 2 cao229.2026 period of two weeks, the Registry to restore the appeal at it’s original stage. 4. As the proceedings are pending before the Executing Court and it is to be listed on 06.10.2026 liberty is granted to the applicants to file adjournment application and the Executing Court to consider it. 5. Stand over to 13.10.2026. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 01/10/2026 11:02:38