1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 456 OF 2010 IN SECOND APPEAL (STAMP) NO.3517 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr S.V.Sadavarte for applicant. Mr.S.M.Kamble for respondent. CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: 1 Heard learned counsel for parties. 2 This civil application is preferred by original defendant for condonation of delay of 1 year and 117 days in filing the second appeal against judgment and decree dated 8th July, 2008 passed by the learned Principal District Judge, Kolhapur in Regular Civil Appeal No.216 of 2005 arising out of judgment and decree dated 30th April, 2005 passed by the Civil Judge Senior Division, Malkapur in Regular Civil 2 Suit No. 15 of 1998. The learned counsel appearing on behalf of applicant submits that due to old age of some of the applicants and because of the financial crisis, the applicants are not enable to take immediate steps for filing the present second appeal in this court. He submits that though the applicants approached through their advocate in the month of January, 2009 for filing the present second appeal and kept ready all papers but for want of requisite fund they could not able to file the second appeal. Thereafter, they collected the requisite fund for filing the present second appeal and filed present civil application for condonation of delay on 4th February, 2010. The learned counsel appearing on behalf of respondent vehemently opposed the present civil application. The respondent filed their affidavit in reply dated 1st July, 2010. The learned counsel appearing on behalf of respondent 3 submits that applicant failed to disclose any sufficient cause for condonation of 1 year and 117 days delay in preferring the second appeal. It is clear from the submissions made by the learned counsel appearing on behalf of the applicant and the averments made in the civil application that though the papers were ready in the month of January, 2009 for filing the second appeal, for want of requisite fund they could not able to file the same in this court. Considering the submissions made by the learned counsel appearing on behalf of applicant and the averments made in the application, delay in preferring the second appeal is condoned on payment of cost of Rs.1,500/-. Applicant to pay the cost to the respondent within two weeks from today. Payment of cost is conditional precedent. If costs is not paid within two weeks from today, civil application stands dismissed without referring back to the court. 4 Civil application is disposed of accordingly. (K.K.TATED,J.)