1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5000 OF 2000 IN SECOND APPEAL STAMP NO. 23767 OF 1999 Sau. Vidyabai W/o Subhash Pathe Died through L.Rs. 1. Kum. Sonali D/o Subhash Pathe and others .. Applicants Versus 1. Ashok Bhavanidas Kulkarni and others .. Respondents Shri D. L. Agrawal, Advocate for the Applicants - absent. The Respondents No. 1 to 4 and 6 served - absent. CORAM : N. D. DESHPANDE, J. DATE : 07TH DECEMBER, 2009. ORAL ORDER : 1. When called none present for the applicants/appellants. The second appeal is filed beyond the period of limitation and there is delay of 54 days, hence this application for condonation of delay on the ground that appellant No. 3 is old aged and not keeping well and appellants No. 1 and 2 are students and could not manage to file the appeal in time. Except this, there is no other reason mentioned. The second appeal is arising out of suit filed by Vidyabai for partition and separate possession. Her suit came to be dismissed by Civil Judge Junior Division, Edlabad, so also the Civil Appeal No. 61/1993 came to be dismissed by learned District Judge, Jalgaon. Thus, there are concurrent finding of dismissal of suit. 2 2. It appears that applicants are not interested to proceed further with the matter. I have gone through the application. Except the reasons stated above, no other reasons are mentioned. Therefore, the grounds mentioned cannot be considered as sufficient ground for condonation of delay. No case is made out for condonation of delay. The civil application for condonation of delay stands dismissed. [ N. D. DESHPANDE, J.] bsb/Dec. 09