1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9764 of 2009 In Second Appeal Stamp No.10585 Of 2009 Umrao S/o Narayanrao Fattepur. ... Applicant. Versus Bhanudas S/o Bhimrao Pawar And Others. ... Respondents. -------- Shri. M.A. Kandharkar, Advocate for applicant. -------- CORAM: R.M. BORDE, J. DATE: 29th JANUARY 2010 PER COURT : 1) Heard learned counsel for the applicant. 2) This is an application seeking condonation of delay of more than 20 years occurred in presenting second appeal. The only explanation given in the application 2 is that the applicant was suffering from mental disorder and was also suffering from liver ailment and was taking treating at Ashwini Hospital, Solapur. It has not been stated in the application as to since when the applicant was suffering from mental disorder nor there are particulars given in respect of the treatment received by the applicant for such a long duration of 20 years. It appears that the suit for partition and separate possession was presented by the original plaintiffs wherein the applicant, who is one of the purchasers of the joint family property, was impleaded as a defendant. The said suit was decreed by the trial Court on 2nd May 1980. The applicant himself presented an appeal in the year 1983, being Regular Civil Appeal No.195 of 1983. Thus, it is 3 clear that in the year 1983 when he presented the appeal he was not suffering from any mental ailment. The appeal before the District Court was presented by the applicant and not through his next friend. In the absence of any particulars in respect of mental ailments suffered by the applicant, the delay of such a long duration i.e. of 20 years cannot be condoned. The application is devoid of any particulars. The reasons stated in the application are not convincing. 3) The application, therefore, stands rejected. (R.M. BORDE, J.) rsl/ ca.9764.09