1 cas1026-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1026 OF 2009 IN SECOND APPEAL ST.NO.38410 OF 2001 Shri Madhukar Satappa Khadtare .. Applicant Vs. Tarabai Dada Gaikwad (Abated) and Ors. .. Respondents Mr.M.A.Patil for the applicant Mr.M.J.Patil I/b Mr.AMit Sale for the respondent nos.3A and 3C CORAM: K.K. TATED, J. DATE: 8th FEBRUARY, 2011 P.C. 1. Heard the learned counsel for the applicant. 2. This Civil Application is filed by legal heirs of original defendant Sattappa Appa Khadtare for condonation of delay of 21 years in preferring the Second Appeal against judgment and decree dt.13.12.79 passed by second Extra Assistant Judge, Solapur in Appeal No.129 of 1979 arising out of judgment and decree dated 25.1.79 in R.C.S. No.89 of 1970. 3. The learned counsel for the applicant submits that originally, their father 2 cas1026-09 used to look after the entire litigation. He expired on 7.12.98. Thereafter, when they received notice on 9.03.2001 in execution proceedings filed by the respondent, original plaintiff, they learnt about the judgment and decree passed by the appellate court. The learned counsel for the applicant submits that for want of knowledge, there is a delay in preferring the present second appeal. 4. On the other hand, the learned counsel appearing on behalf of respondents vehemently opposed the present civil applications. 5. The submissions made by the learned counsel for the applicant that the original defendant expired on 7.12.98 and the legal heirs of deceased defendant learnt about the present proceeding first time on 9.3.01, cannot be a ground of condonation of 21 years delay as the applicant failed to disclose sufficient cause. Admittedly, the applicant failed to disclose any sufficient cause for condoning 21 years delay in preferring the present Second Appeal. 6. Civil Application is dismissed. 7. No order as to costs. 8. In view thereof, Civil Application No.1551 of 2005 and Second Appeal St.No.38410 of 2001 also do not survive. The same are also disposed of as infructuous. (K.K. TATED, J.)