: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2659 OF 2009 IN FIRST APPEAL (ST.) 14890 OF 2009 Rani Ashok Jadhav & Anr. .. Applicants V/s. Tahir Sardar Pinjari & Anr. .. Respondents Mr. S.G. Thorat for the Applicants. Mr. Davidson Ambrose h/f. Mr. D.B. Gupta for Respondent No.2. CORAM : SMT. NISHITA MHATRE, J. DATED : 31 ST MARCH, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay of 117 days in presenting the First Appeal. The applicants have stated that they were facing financial constraints and, were therefore, unable to file the First Appeal immediately after obtaining the certified copy of the Award of the trial Court. The applicants have further stated that since the deceased was the only earning member of the family, it was difficult for them to approach the Court immediately. : 2 : 2. The Civil Application is opposed by the respondent No.2-Insurance Company. Nobody appears for respondent No.1, though served. 3. After hearing the arguments of both the learned Counsel for the parties, in my opinion, the Civil Application must be allowed. 4. Accordingly, the Civil Application is allowed in terms of prayer clause (a). 5. Place the First Appeal on board under caption “for admission” after four weeks.