1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 4299 OF 2002 IN SECOND APPEAL ST. NO. 5042 OF 2000 Ganpati s/o. Rama Kumbhar, age 25 years, occ. agriculture, R/o. Mulukwadi, u/v. Limba Ganesh, taluka and district Beed. - - - Appellant versus 1) Rama s/o. Bapu Kumbhar, died through L.R.s 1/A) Kerabai w/o. Nagorao Walke, age 35 years, r/o. Patoda, taluka and district Beed. 1/B) Muktabai w/o. Dagdu Walke, age 40 years,occ. household, R/o. Khandala, taluka and district Beed. 2) Nivrutti s/o. Bapu Kumbhar died L.R.s 2/A Mahadev s/o. Nivrutti Kumbhar, aged 45 years, occ. agriculture, R/o. Mulukwadi, taluka and district Beed. 2/B Sahadev s/o. Nivrutti Kumbhar, age 30 years, occ. and resident of as above. 2/C Kondabai w/o. Nivrutti Kumbhar, age 55 years, occ. and r/o. as above. 2 3) Vanchabai w/o. Rama Kumbhar, age 55 years, occ. and r/o. as above. - - - Respondents Shri C. R. Deshpande, Advocate for the applicant. CORAM: N. D. DESHPANDE, J. Dated : 14th December 2009 PER COURT: 1. Heard Shri C. R. Deshpande for the applicant who filed application for condonation of delay of 33 days. Perused the application. The reason given is that of late communication to him about the decision of the 1st appellate Court. He then applied for copy of the impugned judgment dated 12-11-1989. He received letter from his lawyer on 2-1-2000. Immediately on the next date he applied for copies and he received copies on 13-1-2000. On 13-3-2000 within two months thereafter he filed second appeal. 2. Without going into merits but confining his submissions to the reasons given for the delay application, the same is taken into consideration in favour of the applicant. Application is accordingly disposed of. Appeal be numbered and registered. 3 3. Issue notice to the respondents about the hearing of second appeal for admission returnable after four weeks. ( N.D.DESHPANDE, J. ) pnk/ca429902