1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 823 of 2009 IN SECOND APPEAL STAMP NO. 11147 OF 2009 Shivaji Krishna Kamble, since deceased through L.Rs Sou.Shejabai Shivaji Kamble .. Applicant V/s Shri.Balwant @ Balu Santu Sankpal since deceased through L.Rs 1A.Rukmini W/o Balu Sankpal & Others .. Respondents Mr.Jitendra Gaikwad i/by Mr.Anilkumar Patil for the Applicant. Mr.Nilesh Wable i/by Mr.Umesh Mankapure for Respondents. CORAM : R.G.KETKAR, J. DATE : 7th June, 2010 P.C. : 1. This application is for condonation of 176 days delay caused in ’ filing the second appeal. In paragraph No.5 of the application it is averred that the applicant had forwarded case papers alongwith the certified copy of the judgment of the lower Appellate Court and the ordinary copy of the judgment of the trial Court. After receipt of these papers, her Advocate called upon her to supply the certified copy of the trial Court s judgment. After receipt of this letter, she ’ applied for certified copy on 10th October, 2008 which was delivered on 15th November, 2008. In paragraph No.6 it is averred that the applicant is a widow lady leading pathetic life and was not in a position to raise necessary funds to meet the expenses for filing the second appeal, which has resulted in 176 days delay in filing the ’ second appeal. 2. The learned counsel for the Respondents has opposed this application on the ground that there is inordinate delay of 176 days’ 2 in filing the appeal, and the same is also not properly explained. 3. Heard the learned counsel for the parties. Perused the Civil Application. For the reasons stated therein, I am satisfied that the sufficient cause is made out for condonation of delay. Hence, Civil Application is allowed in terms of prayer clause (a), with no order as to costs. (R.G.KETKAR, J.)