IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.S. NO.603 OF 2010 IN SECOND APPEAL ST. NO.9025 OF 2010 (SAU. CHANDRAKALA @ SUDHA JANARDHAN PATHADE...VS. SAU. MANDA @ LAHANU SHRIRAM KADWE & ANR.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.R.Kidilay, Advocate for Applicant. Mr. S.S. Ghate, Advocate for Non-applicants. CORAM : SMT. VASANTI A. NAIK, J. DATED : SEPTEMBER 09, 2010. By this civil application the applicant seeks condonation of delay of more than three years in filing the second appeal. The learned counsel for the respondents strongly opposes the prayer made in the civil application on the ground that the appellant has not explained the delay satisfactorily. The learned counsel for the non-applicants submitted that the non-applicants had never affixed a board on the property in the month of December, 2009 and that statement in the application is incorrect. However, on hearing the learned counsel for the parties and on perusal of the application and the reply filed thereof, it appears that the applicant has shown sufficient cause for condoning the delay in filing the appeal. It is stated in the application that the counsel for the applicant had not informed the applicant about the dismissal of the appeal and she became aware of the decision of the first appellate Court only after seeing the board affixed on the property. Thereafter the applicant learnt that the appeal was dismissed on 25.08.2006. From reading of the application it appears that the applicant has shown sufficient cause for condoning the delay in filing the second appeal as the non-applicants have not stated in the reply that the applicant was aware of passing of the judgment by the first appellate Court before December, 2009. Hence, in the interest of justice, it is necessary to condone the delay. For the reasons aforesaid, the prayer made in the civil application is granted and the delay in filing the second appeal is condoned subject to payment of costs of Rs.one thousand to each of the non-applicants within a period of two weeks. The costs may be paid to the learned counsel for the non-applicants, for and on behalf of the non-applicants, for the sake of convenience. The Civil Application is allowed in the aforesaid terms and disposed of. JUDGE RR.