FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4353 OF 2008 IN CIVIL APPLICATION ST. NO.6086 OF 2008 IN SECOND APPEAL NO.568 OF 1991 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is for condonation of delay of 156 days caused in filing civil application no.6086 of 2008. 2 Heard Shri G.N. Kulkarni, learned Counsel for the applicants and Shri Sachin Deshmukh, learned Counsel for respondent. Shri Deshmukh submitted that applicant No. 1-A Dattatraya Manikarao Aatake is not related in any capacity either with the original appellant Peeraji or Smt. Shashikalabai daughter of Peeraji. He further submitted that the delay of 156 days is inordinate delay and no sufficient cause is made out for condoning the delay. 3 On the other hand, Shri Kulkarni, learned Counsel for the applicants submitted that Shasikalabai was daughter of original appellant Peeraji.. She executed will in favour of applicant No.1-A Dattatraya on 6th May, 2004. The applicant no.1-A Dattatraya is husband of Shashikalabai. He also invited my attention to the succession certificate obtained by applicant No.1-A Dattatraya from the Court of 2nd Jt. C.J.S.D., Latur under Section 372 of the Indian Succession Act. 4 In view of this, I do not find any substance in the arguments advanced on behalf of respondents that applicant No.1-A Dattatraya is not related either with original appellant Peeraji or his daughter Shashikalabai. In so far as delay of 156 days is concerned, after hearing the learned Counsel for the parties and considering the averments made in the application, I am satisfied that sufficient cause is made out for condoning the delay. 5 Hence, civil application is allowed in terms of prayer clause (B) with no order as to costs. (R.G. KETKAR, J.) 04.12.2009. PLK/*