: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.199 OF 2009 IN SECOND APPEAL (ST.) NO.1484 OF 2009 Eknath Barku Jagtap & Anr. .. Applicants V/s. Kamalabai Tanaji Pawar & Anr. .. Respondents ..... Mr. Sanjay shinde for the applicants None for the respondent, though served. ..... CORAM : R.Y. GANOO, J. DATE : 25TH JUNE, 2009. P.C. : 1. By this application, the applicants want that the delay in filing the appeal, be condoned. The delay is of 37 days. Perused averments in paragraphs 5,6 and 7 of the application. The delay has been explained. Absence of the respondent is also a factor in favour of the applicants. Hence, the order. : 2 : ORDER . Civil Application is made absolute in terms of prayer clause (a). There shall be no order as to costs. . Office to number the second appeal subject to office objection and fix it for admission on 10 th July, 2009. (R.Y. Ganoo, J.)