1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9487 OF 2004 IN SECOND APPEAL STAMP NO. 22289 OF 2002 Rambhau S/o Maroti Aware-Died-L.Rs. 1. Sitabai W/o Rambhau Aware and ors.. .. Applicants Versus 1. Bhima S/o Maroti Aware-Died-L.Rs 1A. Anjabai Bhimaji Aware and ors .. .. Respondents Shri L. B. Pallod, Advocate for the Applicants. Shri P. B. Vikhe, Advocate for the Respondent No. 2 to 7. CORAM : N. D. DESHPANDE, J. DATE : 02ND DECEMBER, 2009. ORAL ORDER : 1. This is an application for condonation of delay of 64 days caused in filing the second appeal. Heard Shri Pallod, learned counsel for the applicant in Second Appeal Stamp No. 22289/2002. He informs that, there is connected appeal by the respondents who are original defendants who lost in both the Courts below. 2. Shri Pallod, learned counsel submits that, this second 2 appeal is against refusal of mesne profit. So there is very narrow dispute. His opponents/respondents second appeal is against the judgment and decree passed against them regarding 1/3rd share which was granted in favour of the original plaintiff and in which the respondent No. 1 is the only contesting respondent. 3. Thus, the fight is between respondent No. 1 who is appellant in connected appeal stamp No. 15525/2002 represented by Anjali Bajpai who is absent and present applicant. Since it is a partition suit the delay deserves to be condoned. The delay of 64 days caused in filing the second appeal is condoned. The civil application is disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Dec.09