1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.741 OF 2009 IN SECOND APPEAL (ST) NO.9355 OF 2009 Shri Shankar Bapu Mote, since deceased through Lrs. ) Vimal Shankar Mote & Ors. )..Applicants Vs. Shivaji Krishna Ahir & Ors. )..Respondents ---- Mr. A.B.Gatne i/by S.B.Deshmukh for the applicants. Mrs. Manisha Shekhar i/by J.Shekhar & Co. for the respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 22nd February, 2010 PC CIVIL APPLICATION NO.741 OF 2009 1 This is a Civil Application for condonation of 20 months delay in filing of the Second Appeal. Heard both sides. Though no reply is filed, Advocate for the respondents states that she is opposing this application since the delay is of 20 months. On perusal of the application, it appears that the present applicants had entrusted the papers to their Advocate Shri Dilip Chavan for filing the appeal. They have enclosed a letter of their Advocate to them which records that due to some negligent on the part of his clerk, appeal remained to be filed. In such circumstances, the applicants should not suffer for the lapses of their Advocate. The application is therefore, allowed subject to payment of cost of Rs. 2 3000/- which will be payable on or before the date when the Second Appeal is heard for admission. Place the Second Appeal for admission on 17.3.2010 along with the companion Second Appeal. Office to number the present Second Appeal. Cost may be paid through the Advocate for the respondent nos.1 & 2. (R.S.MOHITE,J) 3