(1) CA.10339.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10339 OF 2008 IN SECOND APPEAL (ST.) NO. 17145 OF 2008 Balaji Marutirao Deshmukh .. Applicant Versus Shivaji S/o Pandurang Mehtre and anr. .. Respondents Mr. S.B. Rohile, Advocate for the Applicant Mr. Sachin Deshmukh, Advocate for the Respondent no.1 None present for respondent no.2 though served CORAM : A.V. NIRGUDE, J. DATED : 22ND JULY, 2009 P.C.:- 1] The applicant-appellant submitted that since he was suffering from illness, he could not file this appeal within the prescribed time. It is seen that 41 days delay has been caused in filing of this appeal. 2] The respondents are served. Respondent no.2 is absent. Respondent no.1 has not opposed the application. The ground for condoning the delay is (2) CA.10339.2008 convincing and therefore, the delay is condoned. Civil Application stands disposed of. 3] Second Appeal (St.) no. 17145 of 2008 to be listed for admission on 5.8.2009. Sd/- (A.V. NIRGUDE, J.) arp/22july9/CA10339.08