1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.23/2007 WITH CIVIL APPLICATION NO.24/2007 IN SECOND APPEAL St.NO.223/2007 Smt.Khatunbai Mohammad Shaikh and another. ..Applicants/Appellants -VERSUS- Smt.Rabida Hussain Mulani and others. ..Respondents ......... Mr.A.P.Vanarse, Advocate for the appellants. Mr.P.K.Hushing, Advocate for the respondent No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 17th MARCH, 2009. P.C. : 1. There is delay of 720 days in filing the present Second Appeal. The appeal is filed by two appellants/applicants, the appellant No.1 being the mother and the appellant No.2 the son. The appellant No.2 is aged about 36 years. With a view to show the sufficient cause for condonation of delay, it is stated that the appellant No.1 was undergoing the treatment since the year 2004 for Bronchitis, Asthma, hyper tension and problem in knee joints till 2007. The illness of the 2 appellant No.1 is set up as sufficient cause for delay in filing the present appeal. 2. The application is wholly silent as to why the appellant No.2 could not take steps to file the appeal. In absence of any reason whatsoever being assigned for inability of the appellant No.2 to take steps for filing of the appeal, the delay is not capable of being condoned, more so when the application is opposed by the respondents. Other reason assigned is that the parties are illiterate and their financial condition is not good. The vague averments in that regard cannot be taken as sufficient cause for condonation of delay. 3. In the result, the present application is rejected. 4. At this stage, the learned counsel for the applicants/appellants submitted that he proposes to amend the application with a view to show sufficient cause for the appellant No.2 for not taking steps. No substance in the submission. 5. The application is dismissed. In view of dismissal of this application, the Civil Application for stay is also dismissed. JUDGE