1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No. 5498 OF 2009 IN Second Appeal No. 7498 OF 2009 Devji S/o Velji Gavit ... Appellant. Versus Bhamtya S/o Isarya Gavit & others ... Respondents. -------- Shri. Vivek Dhage, Advocate for the applicant. Shri K.C. Sant, Advocate for the Respondent No. 1 & 2. -------- CORAM: V.R.KINGAONKAR, J. DATE: 12th NOVEMBER 2009 PER COURT : 1) This an application for condonation of delay. 2) There is delay of 123 days in filing of the Second Appeal. Mr. Dhage would submit that he received brief from Legal Services Authority. 2 Time was consumed in collecting the relevant documents and obtaining instructions. The appellant is illterate. He belongs to Tribal community considering the difficulties and the sumbling blocks in having axcess of justice, I find that the delay is unintentional and deserves to be condoned. The application is therefore, allowed and the Second Appeal may be register and thereafter the same placed for the purpose of final hearing on 26th November, 2009. Till then status-quo could be maintained. (V.R. KINGAONKAR, J.) SDM/ 5498.09 3