1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12494 OF 2008 IN SECOND APPEAL ST.NO.21997 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. B.V. Virdhe Advocate h/f. Mr. V.D. Sonwane Advocate for the Applicants. Mr. A.G. Godhamgaonkar Adv. for Resp. No.2. CORAM : K.K. TATED, J. DATE :6TH JULY, 2009 1. Heard learned counsel for the Applicant and learned counsel for Respondent No.2. Present Civil Application is for condonation of 56 days delay in preferring the Second Appeal. Learned counsel for the Applicant states that because of old age, it remained on the part of the Applicant to take immediate steps for filing present Appeal. 2. Learned counsel for the Respondent No.2 vehemently opposed the present Civil Application. His contention is that Applicant failed to disclose sufficient cause for 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders condoning 56 days delay in preferring the Second Appeal. 3. Considering the averments in Para 2 and 3 of the present Civil Application, the same is allowed in terms of prayer clause (B), which reads as under: "(B) The delay of 56 days in filing the Second Appeal challenging the judgment and decree passed by ld. District Judge-2, Nanded in R.C.A. No. 131/2004 dtd. 30-4-2008 may kindly be condoned in the interest of justice." 4. Applicant to pay a sum of Rs.500/- byway of cost to Respondents within three weeks from today as condition precedent. 5. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca12494.08 3