1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1701 OF 2007 IN SECOND APPEAL STAMP NO.27040 OF 2007 Shri.Dattatray Keshav Sakpal .. Applicant V/s Narhar Waman Deshpande, since deceased by heirs- 1A.Shri.Vidyadhar Narhar Deshpande & Ors. .. Respondents Mr.R.A.Thorat for the Applicant. Mr.Prafulla Shah for Res.Nos.2 & 6. Mr.A.R.Gole for Res.Nos.4 & 5. CORAM: R.G.KETKAR, J. DATE: 25.03.2011 P.C.: 1. Heard learned counsel for the parties. This is an application for condonation of 246 days delay caused in filing the second appeal. The Regular Civil Appeal No.208 of 1998 was decided by the learned Ad-hoc District Judge-4, Satara on 07.12.2006. It is the case of the applicant that he made an application on 22.03.2007 under section 152 of the Code of Civil Procedure, 1908 for correction of the judgment. By consent, that application was disposed of on 17.07.2007 and the application was allowed. Decree was accordingly drawn on 17.07.2007. 2 2. It is the case of the Applicant that he made an application for the certified copy on 18.08.2007 which was received on 03.09.2007 and the Second Appeal was filed on 23.11.2007. Applicant has therefore prayed for condonation of delay on the ground that the appeal can be presented against the decree and since the decree was drawn on 17.07.2007 the period between 07.12.2006 and 17.07.2007 is liable to be excluded for computation of delay. 3. On the other hand, Mr.shah, learned counsel for the Respondent submitted that after the judgment was passed on 07.12.2006, the applicant did not apply for certified copy. He applied for correction of the judgment only on 22.03.2007. Applicant has not explained as to why he did not apply for the certified copy of the judgment after 07.12.2006. Even otherwise, though the decree was drawn on 17.07.2007, the applicant applied for the certified copy only on 18.08.2007. The applicant has not explained that delay caused in making the application. He further submitted that though the certified copy was ready on 03.09.2007, the appeal is presented on 23.11.2007 and again no delay is explained between the period 03.09.2007 and 23.11.2007. He therefore submitted that the applicant has not made out sufficient case for condoning the delay. 4. I have considered the submissions made by the learned counsel for the parties. It is not in dispute that the application under section 152 of the Code 3 of Civil Procedure, 1908 was allowed by consent of the parties on 17.07.2007 and the decree was drawn on 17.07.2007. The learned counsel for the opponent was not in a position to point out that the decree was drawn pursuant to the judgment dated 07.12.2006 passed by the learned District Judge. It is the settled position that the appeal can be presented against the decree and since the decree was drawn on 17.07.2007, in my opinion, the delay has to be computed from 17.07.2007. The appeal has to be presented within 60 days which could expire on 03.11.2007. Considering these facts, in my opinion, the delay occasioned in filing the second appeal deserves to be condoned. Hence, civil application is allowed in terms of prayer clause (a), with no order as to costs. (R.G.KETKAR, J.)