-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.NO. 9039/2008 IN S.A.ST.NO. 18691/2008 Kashiram Maru --versus-- Rajayya Yellayya ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 2, 2009. Heard. Prayer is to condone delay of 29 days in filing Second Appeal. Reason put forth is death in the family. Advocate Shri S.S. Nandanwar, for respondent is strongly opposing the prayer for condonation of delay. He has filed affidavit and points out that there are total 12-13 members /applicants and any body of them could have arranged to file appeal in time. He further states that both the courts have concurrently held in favour of the plaintiff and because of these concurrent findings the appeal need not be entertained. He adds that this is nothing but harassment of respondent. All the applicants are relatives of each other and death is not disputed. The controversy pertains -2- to mortgage deed which has been allowed to be redeemed by the courts below. In the circumstances, delay of 29 days is condoned, subject to payment of cost of Rs.2000/- to the present respondent by the applicants by 24.03.2009. If the costs are so paid, office to register the Appeal. Civil Application is accordingly allowed. JUDGE Rgd.