IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C. A. NO. 7538 OF 2008 IN S.A. ST. NO. 7837 OF 2008 (Narayan Manikrao Gudadhe through LRs Dadarao N. Guddhey & Ors. vs. Sampat D. Gudadhey & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 12, 2009. Heard respective counsel. The application is moved by the legal heirs of the deceased respondent in Regular Civil Appeal No. 182 of 1998 for condoning delay of 204 days in filing Second Appeal. The Regular Civil Appeal has been decided on 29.3.2007 and the appellant therein viz. Narayan expired on 5.2.2008. During his life time, he did not file any appeal. His legal heirs mentioned that because of old age, he was unwell and unable to manage his affairs and ultimately required to be shifted to his son at Bhilai. After his death, his legal heirs got knowledge and appeal has been preferred. The prayer of condonation of delay is being strongly opposed by other advocate. However, in the circumstances mentioned above, delay is condoned subject to payment of cost of Rs.1,000/- by the legal heirs/ applicants to non- applicants by 16th February 2009. JUDGE *GS.