1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 904/2009 IN SECOND APPEAL ST.NO. 12101/2009 (KUNDLIK FAKIRA SURADKAR & ORS VS. JALAMSING FAKIRA SURADKAR) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : F.M.REIS, J. DATED : FEBRUARY 10, 2010. Heard learned counsel for the applicants and the respondent. This is an application for condonation of delay of 51 days in filing the second appeal challenging the judgment passed by the learned District Judge, dated 07/03/2009. It is the contention of the applicants that applicant Nos. 1 & 3 are illiterate and the person who is looking after the matter is the applicant no.2, who, according to the applicants, was ill and as such could not take necessary steps in time to file the second appeal. The application is supported by affidavit as well as medical certificate. The respondent has opposed the application for condonation of delay. In the facts & circumstances of the case, considering that applicant no.2 who was looking after the matter was ill, I find that there are no malafides on the part of the applicants to deliberately approach this court 2 belatedly. As such, there is no justification to refuse the application for condonation of delay. In these circumstances, the delay of 51 days in filing the second appeal is hereby condoned subject to payment of costs of Rs.300/- to the respondent within a period of two weeks from today. Application stands disposed of accordingly. J U D G E Rvjalit.