1 ca710.07 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 710 OF 2007 IN SECOND APPEAL ST. NO. 23879 OF 2006 [Shaikh Ambir Sk Shahabuddin vs. Asadullakha Nasrullakha & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.M. Joshi, Advocate for applicant. Mr. S.S. Kazi, Advocate for R-1 & 2. CORAM : S.S. SHINDE, J. DATE : 9TH NOVEMBER, 2011 PER COURT : . Heard the learned Counsel for the applicant and learned Counsel for respondents. 2. The learned Counsel appearing for the applicant invited my attention to para-4 of the application and submitted that, though there is delay of 1332 days 2 ca710.07 deserves to be condoned in the facts and circumstances of this case. 3. On the other hand, the learned Counsel appearing for the respondents submits that, delay is not properly explained. General explanation has been offered in the application for condonation of delay and therefore, delay may not be condoned. 4. I have given due consideration to the rival submissions. At the outset, it would be relevant to reproduce para-4 of the civil application herein below. Para-4 reads thus : "(4) That, the delay caused in preferring this Appeal is not intentional one but, it has been caused due to the reason that the present Applicants were short of funds and even could not manage day today expenses and having very poor 3 ca710.07 financial condition and all the while, the applicants were short of funds. So also, almost since last three years, the applicant no.1 was ill and bed ridden, due to old age of 76 years, the applicant no.1 is even not in position to walk. The applicant no. 2 is his wife, the applicant no.1 could not accompany his wife for the purpose of giving instructions and for filing this appeal. Moreover, during this period the applicants lost their young son and therefore, they were mentally disturbed. Apart from that another son is seriously ill since last one year and he is also bed ridden. The applicants due to short of funds, are even unable to afford the medical treatment. Because of above referred bonafide reasons, the delay is caused, which is required to be condoned in the interest of justice." 5. It is true that, there is considerable delay in filing the second appeal. However, length of delay alone is not important. The explanation/sufficient cause disclosed in the application is required to be considered. 4 ca710.07 4. In the light of para-4 of the Civil Application for condonation of delay, I am satisfied that, delay deserves to be condoned. Delay stands condoned. 5. Civil Application for condonation of delay is allowed and stands disposed of. . Second Appeal to be placed for admission on 23-11-2011. [S.S. SHINDE, J.] sut/NOV11