:1: :1: :1: 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.1359 OF 2007 WITH SECOND APPEAL ST.NO.10024 OF 2007 Fakirbhai Dahyabai Patel .. Applicant. Vs. Dhansukhbhai Fakirbhai Patel & Ors. .. Respondents. Mrs.Rita Vora with Mr.M.S.Kalzunkar i/b Navdeep Vora & Associates for the applicant. Ms.Bhavana Shah for respondent no.2. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 24TH OCTOBER, 2007. DATED : 24TH OCTOBER, 2007. DATED : 24TH OCTOBER, 2007. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. By this civil application the applicant is seeking condonation of 117 days delay in filing the appeal. The appeal is directed against the judgments of the courts below in the proceedings arising from the execution of a decree of partition, possession and mesne profits. It appears that on earlier occasion this litigation had reached this court and the second appeal No.224 of 2004 filed by the respondents was allowed and an order of the District Court was set aside and that the order dated 1.2.2001 passed in application no.4/1993 was restored. Mr.Vora, learned counsel for the applicant submits :2: :2: :2: that after remand by the order in second appeal No.224 of 2004 dated 30th September, 2005 the Civil Judge did not conduct any enquiry in respect of mesne profits. In my opinion, that was not necessary in view of the fact that the mesne profits were determined by the Civil Judge by the order dated 1.2.2001, disposing of application No.4/1993. I have perused the entire record and I am convinced that the applicants are dragging this litigation only with a view to deprive the respondents, who have succeeded in all the courts, from enjoying the fruits of the decree. The cause shown for condoning the delay in filing the appeal, in my opinion, is not sufficient. In the circumstances the application seeking condonation of delay stands rejected and as a consequence thereof second appeal also stand dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)