1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2418 OF 2009 IN SECOND APPEAL ST.NO.2985 OF 2009 Vishwanath s/o Ganpat Vyawhare, died through legal heirs: 1) Laxmikant s/o Vishwanath Vywhare, and others. ...APPLICANTS. VERSUS Rupchand s/o Shankarlal Baj and another. ...RESPONDENTS. ... Mr.S.S. Rathi Advocate for Applicants. Mr.P.F. Patni Advocate for Respondent Nos.1 & 2. ... CORAM: K.K. TATED, J. DATE : 16TH JULY, 2009. PER COURT : 1. Heard learned counsel for the Applicant and learned counsel for the Respondents. This Civil Application preferred by original plaintiff for condonation of 25 days delay in preferring Second Appeal against the Judgment and decree dated 11th September, 2008 passed by 2 Ad-hoc District Judge-1 Hingoli in Regular Civil Appeal No.2 of 2006 arising out of the Judgment and decree dated 28th November, 2005 passed by IInd Joint Civil Judge, Junior Division, Hingoli in Regular Civil Suit No.79 of 2005. 3. Learned counsel appearing on behalf of the Respondents opposed the present Civil Application on the ground that the Applicants failed to disclose sufficient cause of condoning the delay. 4. Considering the averments made in Para 3 and 4 of the Civil Application, I am satisfied that the Applicants made out case for condoning 25 days delay in filing the Second Appeal. Civil Application is allowed in terms of prayer clause (b) which reads as under: "(b) Delay of 25 days caused in filing the present Second Appeal may kindly be condoned and the second appeal be registered and be decided on merit." 5. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca2418.09