1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4293 OF 2009 IN SECOND APPEAL ST.NO.7881 OF 2009 1) Shankar Apparao Chaudhari, (Deceased through L.R s) 1/1) Vasant Shankar Chaudhari, R/o-Chanai, Tq-Ambajogai, District-Beed, and others. ...APPLICANTS. VERSUS 1) Nivrati s/o Maruti Saware, R/o-Chanai, Tq-Ambajogai, District-Beed and another. ...RESPONDENTS. ... Mr.Arun Dalal Advocate h/f. Mr. V.D. Salunke Advocate for Applicants. Mr.R.S. Patil Advocate h/f. Mr. S.S. Choudhari Advocate for Respondents. ... CORAM: K.K. TATED, J. DATE : 12TH JUNE, 2009. PER COURT : 1. Heard learned counsel for the Applicants and learned counsel for the Respondents. 2 2. Present Civil Application preferred by the original defendants for condonation of 30 days delay in preferring present Second Appeal against the Judgment and decree dated 28th November, 2008 passed by Ad-hoc District Judge-1, Ambajogai in Regular Civil Appeal No.65 of 1998 arising out of the Judgment and decree passed by Joint Civil Judge, Junior Division, Ambajogai dated 7th January, 1998 in Regular Civil Suit No.440 of 1984. 3. Though the Respondents are served and appeared, there is no affidavit in reply filed by them to oppose the present Civil Application. 4. Considering the averments, particularly in Para 3 of the present Civil Application, Civil Application is allowed in terms of prayer clause (B), which reads as under: (B)Delay of 30 days caused in filing present Second Appeal may kindly be condoned in the interest of justice. 4. Civil Application is disposed of accordingly. (K.K. TATED) JUDGE. asb/JUN09/ca4293.09