1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5713 OF 2009 IN SECOND APPEAL ST. NO.11577 OF 2009 1) Smt. Sarajabai w/o Gopal Wani (Deceased) Through her LRs 1-A) Sau Nalini w/o Devidas Wani (Sonje) R/o-Neri, Tq-Pachora, Dist-Jalgaon. ...APPLICANT. VERSUS 1) Vasudeo s/o Ganesh Wani Plot No.5, Ganpati Nagar, Opp. Sharma Complex Jalgaon, Dist-Jalgaon and others. ...RESPONDENTS. .... Mr.V.V. Tarde Advocate h/f. Mr. A.B. Kale Advocate for Applicants. Mr.S.S. Bora Advocate for the Respondent No.1 Mr.M.L. Dharashive, A.G.P. for Respondent No.3. .... CORAM: K.K. TATED, J. DATE: 2ND JULY, 2009. PER COURT: 1. The present Civil Application preferred by original defendant No.2 for condonation of 464 days 2 delay in filing Second Appeal against the Judgment and decree dated 3rd December, 2007 passed by the Principal District Judge, Jalgaon in Civil Appeal Nos. 135 of 2002 and 136 of 2002. 2. It is the case of the Applicant that after the Judgment of the Lower Appellate Court, the present Applicant has filed Second Appeal No.638 of 2008 within limitation challenging the order passed by the District Court, Jalgaon in Civil Appeal No.135 of 2002 and 136 of 2002, but the office has raised objection as the Judgment is passed in two Civil Appeals and they cannot be challenged in one Second Appeal. Therefore, there is delay in preferring the Second Appeal. 3. Mr. Bora, learned counsel appearing on behalf of Respondent No.1 vehemently opposed the present Civil Application on the ground that the Applicant failed to disclose any sufficient cause for condonation of 464 days delay. In similar way, Mr. Dharashive, learned A.G.P. for Respondent No.3 also opposed the present Civil Application. 3 4. Considering the reasons disclosed by the Applicant in Para 2 of the present Civil Application, Civil Application is allowed in terms of prayer clause (B), which reads as under: "(B) To condone the delay of 464 days in filing the present Second Appeal and Second Appeal be allowed to be registered." 5. Civil Application is disposed of accordingly. (K.K. TATED, J.) asb/JULY09/ca5713.09