1 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. SECOND APPEAL NO.788 OF 2008. 1. Sampati S/o Dhondiba Anbhule, Age: 57 years, Occ: Agriculture, R/o. Bhatwadgaon, Tq.Majalgaon, Dist.Beed. 2. Sojarbai W/o Sampati Anbhule, Age: 52 years, Occ: Agriculture, R/o: As above. 3. Munjabhau S/o Dadasaheb Anbhule, Age: 13 years, Minor under guardianship of Shivkanya W/o Dadasaheb Anbhule, Age: 33 years, Occ: Agriculture, R/o: As above. ...Appellants. (Ori.Defendant Nos.1, 3 & 4) VERSUS 1. Ratan S/o Nivrutti Chalak, Age: 50 years, Occ: Agriculture, R/o: Bhatwadgaon, Tq.Majalgaon, Dist.Beed. 2.Nandabai w/o Ratanrao Chalak, Age: 40 years, Occ: Agriculture, R/o: As above. 3.Gayabai W/o Rambhau Thorat (since deceased) Through her L.Rs. 2 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. Nandabai W/o Ratanrao Chalak Age: 40 years, Occ: & R/o: As above.(Abated) 4.Madhnukar S/o Dhondiba Anbhule, Age: 37 years, Occ: Agriculture, R/o: As above. 5.Atmaram S/o Dagdu Anbhule, Age: 51 years, Occ: Agriculture, R/o: As above. 6.Nagurao S/o Kisan Zute, Age: 45 years,Occ.Agriculture, R/o: As above. ...Respondents. (Respondents No.1 to 3- Ori.Plaintiffs. Respondents No.4 to 6-Ori.Defendants.) ... Mr.A.G.Dalal,Advocate h/f Mr.V.D.Salunke, Advocate for the appellants. Mr.S.R.Choukidar, Advocate for respondent Nos. 1 and 2. ... WITH CIVIL APPLICATION NO.11102 OF 2008 IN SECOND APPEAL NO.788 OF 2008. 2. Sampati S/o Dhondiba Anbhule, Age: 57 years, Occ: Agriculture, R/o. Bhatwadgaon, Tq.Majalgaon, Dist.Beed. 3 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. 2. Sojarbai W/o Sampati Anbhule, Age: 52 years, Occ: Agriculture, R/o: As above. 3. Munjabhau S/o Dadasaheb Anbhule, Age: 13 years, Minor under guardianship of Shivkanya W/o Dadasaheb Anbhule, Age: 33 years, Occ: Agriculture, R/o: As above. ...Applicants/ Appellants. (Ori.Defendant Nos.1, 3 & 4) VERSUS 1. Ratan S/o Nivrutti Chalak, Age: 50 years, Occ: Agriculture, R/o: Bhatwadgaon, Tq.Majalgaon, Dist.Beed. 2.Nandabai w/o Ratanrao Chalak, Age: 40 years, Occ: Agriculture, R/o: As above. 3.Gayabai W/o Rambhau Thorat (since deceased) Through her L.Rs. Nandabai W/o Ratanrao Chalak Age: 40 years, Occ: & R/o: As above.(Abated) 4.Madhnukar S/o Dhondiba Anbhule, Age: 37 years, Occ: Agriculture, R/o: As above. 5.Atmaram S/o Dagdu Anbhule, Age: 51 years, Occ: Agriculture, R/o: As above. 4 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. 6.Nagurao S/o Kisan Zute, Age: 45 years,Occ.Agriculture, R/o: As above. ...Respondents. (Respondents No.1 to 3- Ori.Plaintiffs. Respondents No.4 to 6-Ori.Defendants.) ... Mr.A.G.Dalal,Advocate h/f Mr.V.D.Salunke, Advocate for the applicnats/appellants. Mr.S.R.Choukidar, Advocate for respondent Nos. 1 and 2. ... CORAM: A.V.NIRGUDE,J. Date : 20th August, 2009. ORAL JUDGMENT: 1. The appellants are the original defendants Nos.1, 3 & 4, respondents Nos.4 to 6 are the original defendants No.2, 5 and 6, while the respondents No.1 to 3 are the plaintiffs in Regular Civil Suit NO.332/2003. 2. The suit was filed for recovery of possession of a small piece of agricultural land and mesne profits. The suit was decreed against the present appellants. The present appellants filed First Appeal before the learned Addl. District Judge, at Majalgaon, Dist.Beed, but there occurred delay of six months and 24 days in filing of the 5 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. appeal. The learned District Judge rejected the appellants’ application seeking condonation of such delay. The present appeal is filed against the Judgment and order rejecting the application seeking condonation of delay. 3. Mr.Chaukidar, learned Advocate for the respondent Nos. 1 and 2 opposed the appeal. 4. Although, I am not convinced of the grounds mentioned by the appellants in the application seeking condonation of delay, I am still inclined to condone the same with a view that the parties would then get an opportunity to contest the matter on merit. For such concession, the appellants should be put to terms. Having regard the facts and circumstances of the case, costs of Rs.5000/- (Rs.Five Thousand) paid within four weeks would be just condition. 5. The appeal is allowed on the appellants’ depositing Rs.5,000/- (Rs.Five Thousand) in the lower appellate Court, within four weeks from today. The delay in filing of the First Appeal shall also stand condoned. The lower appellate Court shall decide the appeal on merits. If the amount is not deposited as directed above, the present appeal shall stand dismissed without further reference to the Court. If the costs is paid, the same shall be handed over to the 6 S.A.NO.788/2008 WITH C.A.NO. 11102/2008. respondents No.1 & 2 ( original plaintiffs.). 6. In the mean time, there shall be order in terms of prayer clause (B) of Civil Application No.11102/2008 for a period of six months from today. Civil Application No.11102/2008 stands disposed of. (A.V.NIRGUDE,J.) lkp