1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. No. 534 of 2009 In SA (St) No. 2186 of 2009 Suresh and ors v. Badruddin -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr N.S. Warulkar, Advocate h/f Mr S.P. Palshikar, Adv for applicants Mr M.P. Khajanchi, Adv for respdt Coram : A.P. Bhangale, J Dated : 17.6.2010 1. Heard learned counsel for the parties. There is delay of 45 days caused in filing second appeal. Second appeal is sought to be filed against the judgment and decree passed by the 1st Appellate Court on 6.8.2008. It is contended that application for grant of certified copy was filed on 12.8.2008 and it was received on 26.9.2008 and thereafter appeal was filed. 2. Learned counsel contends that after filing of appeal, office had raised objection that the appeal was time barred and it is thereafter that the present application for condonation of delay has been filed. It is contended that the appellants were not aware about the period of limitation and that the appeal was required to be filed within the prescribed period of limitation. Learned counsel contends that delay is bonafide and not intentional. 3. Learned counsel for respondent strongly opposes the application on the ground that appellants were represented by the 2 advocate and therefore, it is not open for them to contend that they were unaware of the prescribed period of limitation. 4. There is force in the contention of learned counsel for the respondent. Since the appellants were represented by their advocate, ignorance of law claimed by them cannot be excused. It is not disclosed by the appellants in the application that they had themselves engaged the counsel on a particular date which turned out to be beyond limitation period prescribed in law. Viewed from any angle, therefore, there is gross negligence on the part of applicants and application deserves to be dismissed. It is accordingly dismissed. Judge. Hsj