1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2791 OF 1997 IN SECOND APPEAL STAMP NO. 24571 OF 1996 Venkatesh S/o Rajaram Bhusar .. Appellant Versus Pannalal S/o Bastimal Parekh, Died-through-L.R.s 1. Housabai W/o Pannalal paresh and others .. Respondents Shri K. G. Khader, Advocate for the Applicant. The Respondent No. 1 – Died. The Respondent No. 2 to 6 Served – Absent. CORAM : N. D. DESHPANDE, J. DATE : 27TH NOVEMBER, 2009. ORAL ORDER : 1. This second appeal is filed by sole appellant the original plaintiff Venkatesh Rajaram Bhusar. When it was filed, admittedly there was delay of 04 months 07 days. So appeal is accompanied by civil application for condonation of delay. Perused the application for condonation of delay. No case is made out for condonation of delay. Therefore, appeal cannot be admitted. The second appeal is barred by limitation. 2 2. Now it is informed that sole appellant is dead. However, there is no question of abatement of appeal, because the appeal is filed beyond the period of limitation. Application for condonation of delay is rejected after hearing the learned counsel for the applicant. The second appeal is also dismissed because it is barred by limitation. The civil application is disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Nov.09