1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 9562 OF 2009 IN SECOND APPEAL ST. NO. 16578 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri G. R. Syed, Advocate for applicant. CORAM N. D. DESHPANDE, J. DATE : 4th November 2009. PER COURT : 1. Heard Shri Syed for the applicant on the application for condonation of delay. 2. Perused the application. Only in para 3 of the application, reason stated is applicant's old age. She is 73 years old now and suffering from various diseases and, therefore, she could not contact lawyer 2 for filing second appeal. There is delay of 94 days. Merely stating reason is not enough. It is to be explained, is the requirement of law. Reason stated does not satisfy this Court for extension of time beyond the period of 90 days in filing the second appeal. Though the application for condonation of delay is to be decided on its own merit, still the matter even on merits of the case was heard as Advocate Shri Syed took me through the judgments of both the Courts below i.e. trial Court and the 1st Appellate Court which went against the appellant. Appellant is the plaintiff who filed suit in the year 1992 in the Court of Jt. Civil Judge, Junior Division at Kaij for declaration of ownership and injunction. Copy of the plaint was also made available for perusal. Bare reading of the plaint disclose that the cause of action is only in respect of injunction simplicitor Admittedly, both the Courts held against the appellant - plaintiff that she failed to make out case of title to the suit plot and hut standing thereon. 3 3. For the reasons given above, the application deserves to be dismissed. Application for condonation of delay is, therefore, hereby dismissed. [ N. D. DESHPANDE, J. ] pnk/ca956209