1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.146/2011 IN SECOND APPEAL ST. NO.1224/2011 Shri Bhaurao s/o Damodhar Makode ...Versus... Mahadeo Marotrao Satone (Dead) through L.Rs. Smt. Satyabhamabai wd/o Mahadeorao Satone and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri N.B. Bargat, Adv. for applicant] [Shri D.R. Bhoyar, Adv. for respondents] CORAM : A.B. CHAUDHARI, J. DATED : 29.09.2011. This is an application for condonation of delay of four years and 340 days in filing the second appeal. Heard. The impugned judgment was passed by the lower appellate Court on 9.11.2005 in Regular Civil Appeal No.148/1998. The only ground furnished by the learned Counsel for the applicant is that the respondents had filed M.J.C. No.20/2008 which itself was decided on 7.6.2010 and that is why according to him, after obtaining certified copies of proceedings, appeal came to be filed after four years and 340 days. According to him, the learned Counsel did not advise him to 2 file appeal immediately after the original decision dated 9.11.2005. Filing of M.J.C. No.20/2008 by the respondents which was decided on 7.6.2010 has no relevance whatsoever since the substantive appeal was decided on 9.11.2005 and the cause of filing appeal was immediately after decision of the substantive appeal. However, the applicant failed to file appeal and the reason was given that he was not advised by the Counsel. That is no reason at all. That apart, M.J.C. was not filed by the applicant/appellant and was filed by the respondents with which the applicant/appellant had nothing to do. In the sense the respondents wanted to correct the decree to be made by the appellate Court, in view of the fact that despite stay order issued by the Court, construction was done. In that view of the matter, I do not find that delay of four years and 340 days has properly been explained. I do not find any sufficient reasons to condone the long delay. Hence, civil application is dismissed. The amount of Rs.5,000/- deposited shall be returned to the applicant/appellant forthwith. JUDGE ssw