1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.29 OF 2008 IN SECOND APPEAL (STAMP) NO.29944 OF 2007 Smt.Dagadabai Bhiva Bhingardive, since deceased through her Lrs. )..Applicants Vs. Shri Bhaginath Fakira Bhingardie & Ors. )..Respondents ---- Mr.R.B.Deshmukh for the applicant nos.2(a) & 3. Mr. A.M.Savagave i/by S.S.Patwardhan for the respondent no.1. ---- Coram : R.S.MOHITE,J Date : 3rd March, 2010 PC 1 This is a Civil Application for condonation of 2 years and 248 days delay in filing of the Second Appeal. I have heard both sides. No reply is filed. The contention of the applicants is that Pandurang was looking after the litigation and he was suffering from cancer since 2004. He ultimately, expired on 28.7.2005. In the meanwhile, the District Court passed a decree in the Appeal on 15.1.2005. The entire family was under the mental shock. The other applicants made inquiries and learnt that Second Appeal has not been filed. They immediately applied for certified copy on 23.3.2007 and received the same on 6.12.2007 and thereafter appeal was filed on 13.12.2007 along with this application for condonation of delay. In the aforesaid circumstances, in the interest of justice and since there is no reply, the explanation given is accepted. The delay is however, condoned subject 2 to payment of cost of Rs.2000/- which would be payable to the respondents through their Advocate on or before the next date when the Second Appeal is fixed for admission. Office to number the Second Appeal and place the same for admission on 29.3.2010. Civil Application stands disposed off. (R.S.MOHITE,J) 3