1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION (S) NO. 852 OF 2009 in SECOND APPEAL (St.) NO. 15900 OF 2009 (Laxman Tukaram Sakhare (dead) thru Lrs Nirbhaydas Laxman Sakhare and others ..vs.. Govt. of Maharashtra Deptt. Of Forest, Chandrapur and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- None for the Applicants-appellants. C ORAM : F.M.Reis, J. DATED : 7th January, 2010. None for the appellants. Heard learned counsel for the respondents. Perused the records. This is an application for condonation of delay of 17 days in filing Second Appeal. The respondents have filed their reply opposing the said application. I have perused the application as well as reply filed by the respondents. The main ground on which the applicants are seeking condonation of delay in filing Second Appeal is that the manager of the family was ill from 14th September, 2009 to 1st October, 2 2009. A medical certificate to that effect has also been produced by the applicants. Though the respondents have denied the said illness, however, no evidence has been adduced by the respondents to the effect that certificate issued by the Doctor is fake certificate. Also nothing has been disclosed by the respondents to show that the applicant was in fact not ill. Considering the law well settled on the point, the matter in dispute is to be adjudicated on merits. I find that there are no malafides on the part of applicants in approaching this court belatedly. Considering the facts and circumstances of the case, the application for condonation of delay of 17 days in filing Second Appeal is granted, subject to payment of costs of Rs.500/- to the respondents. Civil Application is accordingly disposed of. JUDGE. Diwale