1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 2454 of 2008 Tulshiram Zode & Ors. Vs. Rushi Naitam & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri Jawade, Adv. for appellant. CORAM: C. L. PANGARKAR J. Dated: 20 th November, 2008. Heard counsel for the appellant and the respondent. This application has been filed for condoning the delay in preferring second appeal. Judgment in First Appeal was delivered on 16.08.2005. It is contended that the mother of the appellant No.1 was ailing from the year 2005 to 2007 and therefore they could not approach the lawyer for preferring an appeal. it is contended 2 that they are labourers and therefore could not make necessary financial arrangement for filing appeal. Delay is of 908 days. After having gone through the certificate it appears that Rukmabai who is mother of appellants 1 and 2 was suffering from Apd with Anemia from June 2005 till 12.10.2007. It is apparent that appellant No.1 and 2 who are male members of the family and are more than 40 years of age were quite hale and hearty. There was no difficulty for them to have contacted the lawyer during this period of more than 2 years and nothing had prevented them from approaching the lawyer for preferring appeal. Appellants have not cared to contact the lawyer for two years. I do not find any reason to condone the delay at all. No sufficient cause is made out in the application for condonation of delay. Application is, therefore, rejected. JUDGE svk