: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.498 OF 2008 IN SECOND APPEAL (ST.) NO.5722 OF 2008 Shankar Bhairu Gavali, Decd., Thru’ Vasant Shankar Gavali, Decd., Thru’ Sunanda V. Gavali & Ors. .. Applicants V/s. Ramchandra Bhairu Gavali .. Respondent Mr. Amit B. Borkar for the Applicants. Mr. P.S. Bhavake for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 6 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay of 4 years in preferring the Second Appeal. In my opinion, the applicants have not mentioned any justifiable or sufficient reason for approaching the Court belatedly. All that the applicants have stated is that they became aware of the intention of the respondent to execute the decree after which they applied for a certified copy and have filed the present Second Appeal. : 2 : 2. According to the applicants, they were under the impression that the dispute between the original defendant and the plaintiffs had been settled and, therefore, the question of execution of decree will not arise. 3. The respondent has filed a reply contending that there was no such settlement or understanding between the parties. 4. In my opinion, the reasons stated in the Civil Application are not justifiable, nor sufficient for condoning the delay. The Civil Application is therefore dismissed.