1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6208 OF 2008 IN SECOND APPEAL ST.NO.10134 OF 2008 Sayyad Mardani Gaiban Shah Vali Public Trust ..Applicant V/s Gulab Chandshah Sayyad deceased, Through L.Rs. 1-A) Ulkambee Gafurbhai Shaikh and others. ..Respondents ------------------------------------------------------ Mr.Rajesh Rajput holding for Mr.Shri.S.V. Gangapurwala, Advocate for applicant. Mr.Aryanwatikar holding for Mr.V.D. Hon, Advocate for Respondent No.2. ------------------------------------------------------ (CORAM : V.R.KINGAONKAR,J.) DATE : 26th November, 2009. PER COURT : 1. This is an application for condonation of delay. The applicants state that the delay caused in filing the second appeal is due to absence of knowledge regarding the impugned judgment and pendency of the trust application under section 72 of the Bombay Public Trust Act, 1950. The delay is of 15 months. 2. It transpired from the record that the trust 2 application was being attended to by two deceased trustees who represented the appellant trust. Other trustees had no knowledge as regard the juxtaposition of the proceedings pending before the learned District Judge. The applicants came to know about the impugned judgment when their Advocate handed over the relevant papers to them in first week of April, 2008. So they collected certified copies and filed the second appeal. 3. There appears no intentional delay as such. The applicants are the trustees of the trust. Considering the reasons stated in the application and having regard to the nature of dispute raised, I deem it proper to accept the explaination. In the result, the application is allowed subject to costs of Rs. 1000/- payable to the Counsel for the respondents within four weeks. If the costs are not paid, the application may deemed as dismissed. The delay will be deemed as condoned, if the costs are deposited. Hence, the application is disposed of. (V.R.KINGAONKAR) JUDGE GAS/ca6208.08