{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12669 OF 2010 SECOND APPEAL ST. NO. 23365 OF 2010 Rakhmabai w/o Sajan Pawar & others Applicants Versus Bhivraj s/o Sajan Pawar & others Respondents Smt.S.S.Jadhav, advocate for applicants Mr.S.S.Chapalgaonkar, advocate for respondents. CORAM : S.S.SHINDE, J. DATE : 16th November, 2011 PER COURT: Heard learned Counsel for the applicants/appellants. Learned Counsel for the applicants invited my attention to the contents of paragraphs no.2 and 3 of the application and submitted that for the reasons disclosed in the said paragraphs, delay caused in filing the Second Appeal needs to be condoned. The delay is caused due to poor financial condition of the applicants and also unawareness about period of limitation for filing the appeal and, therefore, the appeal could not be filed within time. Learned Counsel for respondents vehemently opposes the application for condonation of delay and submitted that the grounds stated in the application for condonation of delay cannot be accepted in law. Perused the contents of the application. Though the {2} explanation offered in the application for condonation of delay is not very satisfactory, however, the valuable right of the party to file appeal gets defeated if delay is not condoned. Therefore, taking overall view of the matter, application is allowed. Delay caused in filing the appeal is condoned. Application stands disposed of. Appeal to be listed for admission on 08.12.2011. S.S.SHINDE JUDGE adb/ca1266910