1 ca4009.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4009 OF 2011 IN SECOND APPEAL ST.NO.1552 OF 2011 [ Vithalrao s/o Sakharam Nagare & Ors. vs. Gayabai w/o Sakharam Ghuge ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. D.M. Shinde, Advocate for applicants. CORAM : S.S. SHINDE, J. DATE : 17TH NOVEMBER, 2011 PER COURT : . Heard learned Counsel for the applicants. In spite of service on respondent as back as in the month of April-2011, none appears for the respondent. 2. The learned Counsel for the applicants submits that, date of impugned judgment is 31-03-2010 but actually it is signed by the learned Judge on 26-04-2010 2 ca4009.11 and Steno to the learned District Judge, Hingoli has given endorsement to that effect on the certified copy of the judgment itself. There was Summer vacation and therefore, certified copy of the judgment could not be applied and the same was applied on 10-06-2010. Limitation for filing second appeal expired on 24-07-2010. The applicant approached the Advocate within time. Appeal was also drafted but the applicant was not got certified copies of the judgment and decree passed by the lower Court and therefore, the matter could not be filed within limitation. When the appellant approached the lower Court, Hingoli wherein he came to know that Record and Proceedings of the R.C.S. No. 341 of 2001 are transferred to the District and Sessions Judge, Parbhani and therefore, the applicant applied for certified copies of the judgment on 02-09-2010 and certified copies were received on 06-09-2010. It is 3 ca4009.11 further submitted that, the applicant was suffering from severe typhoid fever. He was constrained to take medical treatment from 12-09-2010 to 27-11-2010. Therefore, the applicant could not approach his Advocate. Thereafter, the appeal is filed in the month of January-2011. 3. Upon hearing the Counsel for the applicant and upon perusal of para-4 to 10 of the application, I am satisfied that, the delay in filing the appeal deserves to be condoned. Delay stands condoned. 4. Civil Application is allowed and stands disposed of. . Second Appeal to be listed for admission on 15-12-2011. [S.S. SHINDE, J.] sut/NOV11