( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3590 OF 2009 IN SECOND APPEAL (STAMP) NO. 3143 OF 2009 Bhima s/o Bhagwan Wadgaonkar APPLICANT VERSUS Padminibai w/o Bhagwan Wadgaonkar and others. RESPONDENTS ..... Mr. K.K. Kulkarni, advocate for the applicant. Mr. B.R. Sontakke Patil, advocate for respondent No. 2, 5 to 10. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 2nd December, 2009] PER COURT : 1. Heard counsel for the parties. 2. The application is for condonation of delay. The delay is of 277 days in filing of the second appeal. According to the applicant, he is suffering from old-age and is residing in rural area. He asserted that he was suffering from jaundice and thyroid problem since 05-04-2008 till 03-02-2009. He has filed medical certificate in support of the averment. ( 2 ) 3. No reply is filed. Mr. Sontakke opposed the request for delay condonation. 4. Considering the explanation given in the application, it appears that the applicant was unable to file the appeal within prescribed period of limitation due to medical difficulties. I deem it proper to accept the explanation. Consequently, the delay is condoned. The civil application is allowed accordingly. The second appeal be registered and be placed for admission on 7th January, 2010. 5. Leave is granted to delete name of the respondent No. 1 in the second appeal. [ V.R. KINGAONKAR ] JUDGE NPJ/ca3590-09