IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1642 OF 2009 IN SECOND APPEAL ST.NO.24427 OF 2009 SHRI BABA RAMU GHULE ..APPLICANT VS. SHRI SURESH SHANKARRAO PATIL & ORS. ..RESPONDENTS Mr. D.W. Bhosale for the Applicant Mr. M.P.Utagikar for the Respondents CORAM: R.G.KETKAR, J DATE : 25TH JANUARY, 2010 P.C. 1. This Civil application is taken out for condonation of delay of 98 days, caused in filing Second Appeal. 2. Heard Shri Bhosale, learned Counsel for the Applicant in support of this Application and Shri Utagikar, learned Counsel for the Respondents. Mr. Bhosale submitted that the Applicant intended to prefer two Appeals challenging the Judgment and decree dated 17.03.2009 passed by the Additional Dist Judge-1 Malshiras in Civil Appeal No.28 of 2005 and Civil Appeal No.27 of 2005. Accordingly on 18th March 2009, the Applicant applied for certified copy in respect of Regular Civil Appeal No.27 of 2005. However, the application for certified copy in respect of Regular Civil Appeal No.28 of 2005 was not made inadvertently. The Application for certified copy was made and the same was received on 2nd September 2009. In the result, the delay of 98 days was occasioned in filing the Appeal. So far as, the other Appeal is concerned, being Second Appeal No.367 of 2009, that was filed within limitation. 3. On the other hand, Mr. Utagikar, learned counsel for the Respondents submitted that no sufficient cause is made out for condoning the delay. 4. After hearing both the sides, I am satisfied that the Applicant has made out sufficient case for condoning the delay. In the interest of justice, the delay deserves to be condoned. Hence Civil Application is allowed in terms of prayer clause (b), with no order as to costs. (R.G.Ketkar, J.)