1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1542 OF 2009 IN SECOND APPEAL STAMP NO.24343 OF 2009 Shri.Rajaram Bandu Gadade & Ors. .. Applicants V/s Shri.Govind Sonba Gadade & Ors. .. Respondents Mr.P.B.Shah, Advocate for the Applicants. Ms.Vrunda V.Surve i/by Mr.P.P.Killedar for Respondent Nos.1 to 10. CORAM: R.G.KETKAR, J. DATE : 18th February, 2011. P.C.: 1. Heard the learned counsel for the parties. This is an application for condonation of 426 days delay caused in filing the second appeal. Applicants had filed Civil Appeal No.25 of 2004 challenging the judgment and decree dated 2.1.2004 passed by the learned Civil Judge, Junior Divison, Indapur, whereby the Respondents’ suit for partition and separate possession was decreed. The said civil appeal was dismissed on 8.7.2008. The Applicants thereafter filed review application on or about 7.10.2008 and the said review application was rejected on 24.8.2009. Thereafter the present second appeal is filed on 23.9.2009. 2 2. After hearing the learned counsel for the parties, I am satisfied that the applicants have made out sufficient case for condoning the delay. Hence, delay is condoned and the Civil Application is allowed in terms of prayer clause (a), subject to payment of costs of Rs.1000/- to be paid by the applicants to the Respondents. (R.G.KETKAR, J.)