*1* 16.cas.579.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 579 OF 2010 IN SECOND APPEAL (STAMP) 25007 OF 2009 Ravso Balappa Naik & Ors. ..Applicants -Versus- Annaso Shivrai Naik & Ors. ..Respondents .......... Mr.Vijay Killedar for the Applicants. Mr.P.M.Arjunwadkar for Respondent No.1. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel for parties. 2 This civil application is taken out by the original plaintiffs for condonation of 81 days delay in preferring the present second appeal against the judgment and decree dated 16th April 2009 passed by the learned District Judge-1, Jaysinghpur in Regular Civil Appeal No.110 of 2004 arising from judgment and decree dated 21st June 2001 passed by the learned Civil Judge, Junior Division, Kurundwad. *2* 16.cas.579.10 3 Mr.Vijay Killear, learned counsel appearing on behalf of the applicants submits that there is a delay of 81 days in filing the present second appeal as the applicants took some time to seek legal advise from their advocate. 4 Considering the submissions made by the learned counsel appearing on behalf of the applicants and the averments made in the civil application, the civil application is allowed in terms of prayer clause (b), which reads as under : “(b) The delay of 81 days in filing the above mentioned Second Appeal be kindly condoned and the Second Appeal be heard on merits.” 5 The applicants to pay a sum of ` 750/- to the respondents by way of costs within two weeks from today. 6 The civil application is disposed of accordingly. ( K.K. TATED, J.) -