1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1326 OF 2008 IN SECOND APPEAL (STAMP) NO.17791OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Nilesh Wable i/b Mr.Umesh Mankapure for applicant. Mr. Amit Sale for respondent no.3. CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: Heard learned counsel for applicant and learned counsel for respondent no.3. This civil application is preferred by original defendant for condonation of of 149 days delay in preferring appeal challenging the judgment and decree dated 4th January, 2008 passed by the learned District Judge-2, Sangli in Regular Civil Appeal No.138 of 2002 arising out of Judgment and Decree dated 27th August, 1997 passed by the Civil Judge Senior Division, Sangli in Special Civil Suit No.3 of 1995. Learned counsel appearing on behalf of applicant submits that because of financial difficulties it remain on the 2 part of applicant to take immediate steps to file the present second appeal in this court. The learned counsel appearing on behalf of respondent no.3 vehemently opposed the civil application on the grounds that applicant failed to disclose the sufficient cause for condonation of delay. Considering the submissions made by the learned counsel appearing on behalf of the applicant and the averments made in para 3 of the application, civil application is allowed in terms of prayer clause (a) which reads as under: “(a) This Hon’ble Court be pleased to condone the delay of 149 days occurred in filing aforesaid Second Appeal in the interest of justice;” The applicant is directed to pay costs of Rs.750/- to the respondent no.3 within two weeks from today. Civil application is disposed of accordingly. (K.K.TATED,J.)