FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10338 OF 2010 IN SECOND APPEAL (ST) NO. 20259 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 6th December, 2010 PER COURT : 1. This is an application seeking condonation of delay in filing the second appeal. The present respondent No. 1 is the original plaintiff. The suit filed by the respondent No. 1 has been decreed. The applicants have challenged the said Judgment and Decree, there is a delay of 120 days in filing the appeal. 2. Shri M.H. Patil, learned Counsel for the respondent No. 1 submits that the application is based on false grounds. The certified copy was applied on 13th May, 2010 and received on 14th May, 2010. Thereafter, the affidavit is sworn on 16th July, 2010, and after lapse of one month the appeal was filed. These acts show the negligence of the applicant. There are five applicants and the handicap of applicant No. 1 cannot benefit the other applicants. The other applicants could have taken steps to file the present application. 3. The decree shows that the present respondent No.1 has been granted 1/3rd share and present applicant has been granted 1/3rd share. The said applicant would only be concerned with filing of Appeal. Moreover, it is not disputed that the applicant who has filed affidavit is a handicapped person. The expression “sufficient cause” has to be liberally construed. The applicant is not expected to explain each and every days delay. 4. As the applicant has stated that the applicant is handicapped and also because of the illness could not file the said proceedings. The same would come within the purview of sufficient cause. As such, delay is condoned and Civil Application is allowed. 5. Place the matter for admission on 15th December, 2010. [ S.V. GANGAPURWALA ] JUDGE SDM*10338.10CA