(1) CA. 7699.2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATON NO. 7699 OF 2004 IN SECOND APPEAL NO. 166 OF 2007 Sudhakar S/o Panditrao Dahadrai and others .. Applicants Versus Baburao S/o Panditrao Dahadrai and ors. .. Respondents Mr. V.R. Naik, Advocate for the Applicants Mr. S.R. Deshpande, Advocate for the respondents 1 and 2 CORAM : A.V. NIRGUDE, J. DATED : 24TH JULY, 2009 P.C.:- 1] The applicants seek condonation of delay of 101 days delay in filing of the Second Appeal. The reason mentioned for delay is that the appellants Advocate was busy in attending his ailing mother, who eventually succumbed. The reason is quite convincing for condoning the delay. There is one hitch in deciding the application today. The respondents 3(B), 3(C) and 3(D) are not served, but it is clear from the record that the respondent no. 3, who died during the pendency of the second appeal, was not the contesting party. Besides, the respondent no.3(A) has been served and has remained absent. (2) CA. 7699.2004 2] The application is allowed, as prayed for. The second appeal shall be fixed for admission on 3rd August, 2009. Sd/- (A.V. NIRGUDE, J.) arp