: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.793 OF 2009 IN APPEAL FROM ORDER (ST.) NO.11733 OF 2009 Pandharinath Balya @ Bala Ghoparkar & Ors. .. Applicants V/s. Vijay Lalchand Parmar & Anr. .. Respondents ALONGWITH CIVIL APPLICATION NO.794 OF 2009 IN APPEAL FROM ORDER (ST.) NO.11731 OF 2009 Pandharinath Balya @ Bala Ghoparkar & Ors. .. Applicants V/s. Hemlata Anil Parmar & Anr. .. Respondents Mr. Yogesh Deshpande for the Applicants. Mr. Pravartale Pathak i/b. Mr. U.P. Warunjikar for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 24 TH NOVEMBER, 2009. P.C.: 1. The Civil Applications have been filed for condoning the delay of 48 days in preferring the Appeals from Orders. The contention of the applicants is that they were informed of the impugned order only on 18th March, 2009 by the : 2 : Advocate appearing for them in the trial Court. They have also stated that the applicant No.1, who was taking care of the matter before the trial Court, had proceeded on a pilgrimage and, therefore, they were unable to instruct any Advocate to file an Appeal. It has also been mentioned that the applicants were unable to raise funds immediately for paying the fees of an Advocate and, therefore, there had been a delay. 2. A reply has been filed by the respondents denying the contents in the Civil Applications. The main contention is that the applicants-appellants had every opportunity to file an Appeal within the period of limitation which they failed to do. It is also stated that applicant Nos.3 and 4 could have instructed an Advocate in the absence of applicant No.1 and, therefore, it is submitted that the delay should not be condoned. 3. Heard the learned Advocates for the parties. In my opinion, the applicants have shown sufficient cause for condoning the delay in preferring the : 3 : Appeals from Orders beyond the period of limitation. The delay is of 48 days which has been sufficiently explained in the Civil Applications. Accordingly, the Civil Applications are allowed in terms of prayer clauses (a). 4. List the Appeals from Orders for admission, after removal of all office objections by the learned Advocate for the applicants-appellants, on 11th January, 2010. 5. The Civil Applications are disposed of. .......