1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11572 OF 2009 IN SECOND APPEAL (ST) NO. 22914 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 12.04.2010 1. Adv. Shri P.R. Kadam for the applicant and Adv. Shri S.N. Patne for respondent No.1 are present. This is an application for condonation of delay of 141 days in filing second appeal. The second appeal is filed being aggrieved by the dismissal of suit and appeal filed by the plaintiff for partition. It is stated that the applicant/plaintiff is 80 years of age, suffering from illness. Therefore, he could not attend the matter and he got information on 17.08.2009 regarding dismissal of the appeal on 21.02.2009. Therefore, there was delay. 2. Considering the age of the applicant, the delay is condoned on 2 condition that applicant shall pay costs of Rs. 1000/- (Rupees One Thousand Only) to the advocate for the respondents before 7th May, 2010. [P.R. BORKAR,J.] snk/2010/APR10/ca11572.09