( 1 ) sa338.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 338 OF 2011 Shivaji Dasa Adsul & Ors. .. Appellants Versus Namdeo Bapurao Adsul & Ors. .. Respondents Mr. S.S. Choudhari, Advocate for the appellants. Mr. M.P. Kale, Advocate for respondent No.1. CORAM : A.V. NIRGUDE, J. DATED : 10.08.2011 P.C. :- 1. This Second Appeal is challenging the order dated 15th July, 2009, dismissing the appellants’ application seeking condonation of delay caused in filing of the First Appeal. The appellants were trying to file the First Appeal against the judgment and decree dated 28th February, 1985, in Regular Civil Suit No. 37 of 1975. The application was made on 23rd June, 2000, almost 15 years after the date of the decree of the suit. All the appellants were defendants in the Lower Court. The record shows that they had filed written statement, but they did not attend the case when the evidence was recorded way back in 1985 or so. The suit was decreed as said above in 1985. They say that they were not ( 2 ) sa338.11 aware of the decree because no one disturbed their own possession of the suit-land. It must be mentioned here that the respondent/plaintiff filed the suit for injunction asserting that he was in possession of the land since 1974 and therefore he was entitled to decree of perpetual injunction against the appellants and such decree was passed. If such decree was passed against the appellants and if they say that they were in-fact in possession, they could not have tolerated such decree for 15 long years. They have not explained as to why they could not know about the judgment and decree in the said suit though they had engaged advocate and had even filed written statement. The learned Judge of the first appeal Court rejected their application and no fault can be found in such an order because the appellants have not at all explained the delay of 15 long years. 2. The appeal does not give rise to any substantial question of law. The appeal stands dismissed. [A.V. NIRGUDE, J.] snk/2011/AUG11/sa338.11