1 (CA 220 of 2011 in SA 4168 of 2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 511 OF 2009 IN SECOND APPEAL NO.4168 OF 2009 AND CIVIL APPLICATION NO.220 OF 2011 Shri Ananta Shiva Bhong ...Applicant Vs. Sou. Sundarabai Nivrutti Anarase since deceased through her heirs 1A) Mahadev Nivrutti Anarase & Ors...Respondents ----- Ms. Tejaswita Kadam i/b. Mr. Rahul Kate for Applicant ----- CORAM: V.M. KANADE J. DATED: 4TH FEBRUARY, 2011 P.C. 1. Mentioned not on Board. 2. Heard the learned counsel appearing on behalf of the Applicant. There is a delay of 1009 days in filing this second appeal. The appeal filed by the Appellant was partly allowed by judgment and order dated 30.1.2006 and the order passed by the Trial Court was modified. According to the counsel appearing on behalf 2 (CA 220 of 2011 in SA 4168 of 2009) of the Applicant, the order passed by the District Court was immediately communicated by his advocate to him by letter. However, the Applicant did not receive the said letter and, therefore, he was not aware about the order passed by the District Court. According to the Applicant, he was under impression that the date of the decision will be communicated and, therefore, felt that the appeal is pending. According to him on 28.12.2008, when he received the notice from TILR, Indapur, he contacted his advocate and applied for the certified copy on 1.1.2009 and, thereafter, the appeal was filed on 9.2.2008. 3. In my view, submissions made by the learned counsel for the Appellant cannot be accepted. The explanation given for condonation of delay is not sufficient. The Applicant was not diligent in pursuing his appeal and no reason has been give as to why the Applicant did not contact his advocate upt 28.12.2008. Hence, this is not a fit case for condoning the delay. The application for condonation of delay is, therefore, dismissed. Civil Application No. 220 of 2011 does not survive and is also disposed of. Second appeal is also disposed of. (V.M. KANADE J.)