FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 3946 of 2004 In Second Appeal (St.) No.25478 of 2002 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri S.A. Kulkarni, Advocate, for applicant. None for Respondents. 1. This is an application for condonation of delay of 134 days in filing Second Appeal. However, this applicant has been dismissed as against Respondent Nos. 2 and 3 as per the order of the court dated 6.2.2009 for failure to take steps. 2. Originally, suit was for partition and possession and alternatively for grant of maintenance at the rate of Rs.500/= per month. Defendants were brother and step brother of the husband of present applicant. 3. It is stated that appellant’s husband and Respondent Nos. 1 to 4 constitute joint family and possess agricultural and house property. She has claimed 1/5th share in the family income and has claimed Rs. 500/= p.m. Towards maintenance. It is also stated that Balasaheb- husband of applicant expired prior to commencement of Hindu Succession Act and, therefore, applicant was entitled only to maintenance and so alternate prayer for maintenance appears to have been made. 4. Considering the nature of the suit and the fact that the appellant-applicant is old widow, this application for condonation of delay of 134 days deserves to be and is accordingly allowed. Delay condoned. Application is disposed of. Date: 12.06.2009 (P.R.BORKAR, J.) pnd/ca3946.04