1. This second appeal was filed along with Civil Application Stamp No.8746 of 2011 for condonation of 13 days' delay caused in filing an appeal. This matter was called out for admission on 9-9-2011, when this Court passed an order as under :

“None present for the appellant.

The second appeal is dismissed in default.”

2. The appellant filed Misc. Civil Application Stamp No.15068 of 2015 on 4-8-2015 for restoration of appeal. Civil Application (O) No.1473 of 2015 was filed on 4-8-2015 for condonation of delay of 300 days caused in filing an application for restoration. Both these appeals are supported by the solemn affirmation duly signed by Shri Shrinivas s/o Devidas Deshpande, aged about 90 years, the learned counsel appearing for the appellant.

3. In the application for condonation of delay, it is an averment that on the date when the matter was listed before this Court on 9-9-2011, the counsel for the appellant was absent, as he was in the hospital undergoing angioplasty. It is further stated that the appellant is from Gondia and, therefore, he could not contact the counsel because of some domestic reasons.

4. Shri J.M. Gandhi, the learned counsel appearing for the respondent, opposed

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