1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1275 OF 2009 WITH CIVIL APPLICATION NO. 1276 OF 2009 in SECOND APPEAL (stamp) NO. 37149 OF 2001 Sou. Babanbai Shridhar Donde (since deceased by her legal heir and Representative namely) 1. Sou.Sharda Manohar Katare & Ors. ... Applicants Vs. Shri Rohidas Kashinath Jadhav ... Respondent Mr. S.U.Dhakephalkar,Advocate, for the applicants. CORAM: J.H.BHATIA,J. DATE : 16th September, 2009. P.C. 1. Heard the learned Counsel for the applicants. 2. The appellant had filed Second Appeal (Stamp) No.37149 of 2001. According to the learned Counsel, initially no objection was taken about any delay in filing the appeal. However, later on, it was pointed out that there was delay of two days in filing the appeal. That was not noticed by the Counsel for 2 the appellant and, therefore, that objection could not be removed at that stage. In the result, the Second Appeal was rejected. After the applicants came to know about rejection of the Second Appeal by order dated 30.2.2004, the applicants have filed these two Applications. The first application is for condoning the delay of about 5 years and 3 months in making application for restoration of the appeal and the second application is for condonation of delay of 2 days in filing the Second Appeal. 3. Taking into consideration the delay of just 2 days and the circumstances in which that appeal was rejected, C.A. No.1275 of 2009 is hereby allowed by condoning the delay and the appeal is restored to file. 4. C.A. No.1276 of 2009 is also hereby allowed and the delay of 2 days in filing the appeal is condoned. Both the Applications stand disposed of. (J.H.BHATIA,J.)