1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.935 OF 2008 IN SECOND APPEAL ST. NO.18587 OF 2007 1) Smt. Maulibai Raya Gavit, R/o-Keli, Tq-Nawapur, (since deceased Through L.Rs.) 1-A) Supra Ramji Gavit, R/o-Keli, Tq-Nawapur and others. ...APPLICANTS. VERSUS Smt. Ghamu Mahaiya Gavit, R/o-Bharadu, Tq-Nawapur and others. ...RESPONDENTS. ... Mr. S.V. Gangapurwala Advocate for Applicants. None present for the Respondents though served. ... CORAM: K.K. TATED, J. DATE : 18TH JULY, 2009. PER COURT : 1. Heard learned counsel for the Applicants. No one appeared on behalf of the Respondents though served, 2 when the matter called out for hearing. 2. In this Application, the Applicants are seeking condonation of delay of 1319 days in preferring Second Appeal against the Judgment and decree dated 11th November, 2003 passed by Ad-hoc Additional District Judge, Nandurbar in Civil Appeal No.2 of 1997 arising out of the common Judgment and decree dated 13th December, 1996 passed in Regular Civil Appeal No.46 of 1993 and 5 of 1994. 3. Learned counsel for the Applicants submits that the lower Appellate Court passed Judgment and decree on 11th November, 2003 and thereafter the Applicants preferred Review Petition on 1st April, 2004. The said Review Petition came to be decided on 16th August, 2007. Thereafter the Applicants preferred present Second Appeal on 5th October, 2007. 4. Considering these facts and Section 14 of the Limitation Act, Civil Application is allowed in terms of prayer clause (B), which reads as under: 3 "The delay of 1319 days in filing of the present second appeal may please be condoned in interest of justice. " 5. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca935.08