1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 2496/2008 (Smt. Sonabai Latari Bobade & ors vs. Vitthal Karnu Bobade & ors) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : C.L.PANGARKAR J DATED : 20 th OCTOBER, 2008. Heard Shri Anjan De, Advocate, for the applicants/appellants and Shri A.M.Ghare, Advocate for Respondent No.2. 2. This application has been filed for condonation of delay in preferring the appeal. 3. Learned counsel for the appellant submits that the appeal could not be filed within time because of the inadvertence on the part of appellant and through oversight. He submits that the appeal was in fact prepared on 25th September, 2007 and even an affidavit was sworn on 25th September, 2007, in respect of the stay application. 4. Learned counsel for the respondents submits that the present appellants preferred another appeal between the same parties. He submits that when the very same appellants filed appeal in the month of September, 2007, there is no reason why this appeal could not be presented. 5. Considering the fact that another appeal has been presented by the same lawyer in the month of September, 2007, between the same parties, it is difficult to comprehend how the 2 lawyer could not file this appeal at that time. It is difficult to accept the contention therefore that the lawyer through inadvertence could not file this appeal. 6. In these circumstances, I do not find any justifiable cause in condoning the delay. Therefore, the application stands rejected. JUDGE Rvjalit