(1) CA. 4789.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4789 OF 2009 IN SECOND APPEAL (ST.) NO. 4871 OF 2009 Babarao S/o Rajaram Lipne and anr. .. Applicants VERSUS Champabai w/o Rambhau Lipne .. Respondent Mr. N.L. Jadhav, Advocate for the applicants Mr. S.R. Chowkidar, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 21ST AUGUST, 2009 P.C.:- 1] This application seeks condonation of 103 days delay in filing of the second appeal. The applicant was respondent before the learned District Judge, Parbhani in Regular Civil Appeal no. 65 of 2005. The learned District Judge, reverted the judgment and decree passed by the Civil Judge Junior Division, Sailu in Regular Civil Suit no. 68 of 1999. It is thus, clear that the trial Court had favoured the applicants with the judgment and decree, whereas the learned District Judge reversed it. This situation was quite detrimental to the interest of the applicants and so, the applicants would not neglect such a litigation. (2) CA. 4789.2009 2] Reason mentioned for causing of delay is mainly the applicants’ Advocate’s neglect. It is said that though the Appeal was allowed by the learned District Judge on 19.8.2008, the applicants’ Advocate did not inform this fact to the applicants till 3.1.2009. On 2.3.2009 the present application alongwith the Second Appeal memo is presented to this Court. From the date of the knowledge, the applicants did not lose time in filing of the appeal. 3] The learned Advocate appearing for the respondent opposed the application, saying that the applicants have made self-contradictory statements. He said on one hand, the applicants stated that they got information about the impugned judgment and decree on 3.1.2009, but in the same breath, the applicants stated that they contacted their Advocate for the first time only on 6.2.2009 and thereafter, the certified copies were obtained. Despite this opposition, I am inclined to allow the application mainly because the applicants are not likely to gain by delaying the filing of the Second Appeal. The delay, therefore deserves to be condoned. Delay is condoned. Civil Application is disposed of. Sd/- (A.V. NIRGUDE, J.) arp