1 W.P.No.2170.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 2170 OF 2010 Budhgir S/o Raghunath Giri(Dead) Through his L.Rs. and others ... PETITIONERS V E R S U S Kishanrao Sopanrao More and others ... RESPONDENTS ... Mr. V.R.Jain,Advocate for Petitioners ... CORAM : V.R.KINGAONKAR, J. DATE : 26TH APRIL, 2010. PER COURT : 1] Heard learned Counsel for the petitioner. 2] The petitioners are legal representatives of deceased Budgir. In his life time the deceased Budgir suffered decree in Suit No. 23 of 1997. The suit filed by him was dismissed on 11.4.2002. He did not file any appeal against dismissal of the suit. He later on died on 25th January, 2005. The petitioners afterward filed Appeal alongwith application for condonation of delay. Their application (Exh.57) was dismissed by the learned District Judge on the ground that there was no explanation submitted by them for condonation of the delay. The explanation given by them was that they had no knowledge about impugned judgment and only after the death of original plaintiff Budgir, they came to know that the suit was dismissed. 2 W.P.No.2170.10 3] Having heard learned counsel and on going through the impugned order, I find that basically in the life time of deceased Budhgir the appeal had become hopelessly time barred, there is no reason given as to why the deceased did not prefer any appeal between the period April 2002 to January 2005. The petitioner did not give details regarding date of knowledge of the disposal of the suit or their particular reason for filing appeal at such belated stage. It was only stated that the deceased Budgir was suffered from illness, no material evidence, including Medical Certificate was produced regarding his illness for approximately three years, before his death. The details regarding delay are not stated. In this view of the matter, dismissal of their application for condition of delay in filing of the appeal is legal and proper. No interference call for. Dismissed. Sd/- ( V.R.KINGAONKAR, J. ) MTK 3 W.P.No.2170.10