: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2315 OF 1997 CIVIL APPLICATION NO.2315 OF 1997 CIVIL APPLICATION NO.2315 OF 1997 WITH WITH WITH CIVIL APPLICATION NO.409 OF 2008 CIVIL APPLICATION NO.409 OF 2008 CIVIL APPLICATION NO.409 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.9471 OF 1992 FIRST APPEAL (ST.) NO.9471 OF 1992 FIRST APPEAL (ST.) NO.9471 OF 1992 Govind Eknath Jagdale, Deceased, . Thru’ Narayan Govind Jagdale & Ors. ...Applicants V/s. Dashrath Hindurao Kadam & Anr. ...Respondents Mr.L.S. Gaikwad, Advocate, for the Applicants. Mr.K.V. Saste, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the applicants and Advocate for the 1st respondent. 2. The delay is of more than 5 years in preferring an Appeal against order dated 17th June, 1986. Perusal of the Application shows that there is absolutely no explanation for delay of 5 years and more. Pendency of the other proceedings relating to title will not help the applicants. It is not even disclosed in the Application the date on which the applicants came to know about grant of probate by the : 2 : impugned order. 3. There is no explanation for a long delay of more than 5 years. Hence, Application is rejected. 4. In view of rejection of this Application, Civil Application No.409 of 2008 does not survive and the same is disposed of accordingly. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]