1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 68 OF 2010 Lalabai @ Rukminbai w/o Govind Nalawade & another .. APPELLANTS VERSUS Dada s/o Rangnath Mhaske & others .. RESPONDENTS Shri S.K. Naikwade, Advocate for the appellants. Shri Y.V. Kakade, Advocate for respondent nos. 1 to 3. Shri P.B. Shirsath, Advocate for respondent no. 5. ===== CORAM : P. R. BORKAR, J. DATE : 14 th JULY, 2010. PER COURT : 1 Heard Adv. Shri S.K. Naikwade, for the appellants, Adv. Shri Y.V. Kakade for respondent nos. 1 to 3 and Adv. Shri P.B. Shirsath for respondent no.5. 2 This appeal is preferred by original plaintiff whose application for condonation of delay in filing first appeal was dismissed by the 2 learned District Judge -4, Ahmednagar on 2-5-2009. 3 Facts giving rise to this case may be stated as below :- . Present appellant had filed Regular Civil Suit no. 55/2006 in the Court of Civil Judge, J.D., Jamkhed for partition and separate possession. Same came to be dismissed on 21-10-2008. As against same, appeal was filed on 7-1-2009. There was delay of 25 days in filing the appeal. But no application for condonation of delay was filed and therefore on 23-1-2009 separate application bearing Misc. Civil Application no. 22/2009 was filed for condonation of delay. It is stated in the application that the copies of the judgment and decree were applied on 23-10-2008 i.e. two days after the decision. The copies were ready for delivery on 13-11-2008 but the applicants could obtain them on 29-12-2008. As applicant no. 2 was an old woman, she was unable to move due to her old age. It is also stated that she was also suffering from jaundice. She was also advised rest. It is true that no medical certificate is produced to show any illness. However, delay in fling original appeal is only of 25 days. 3 4 Considering the facts and circumstances of the case, particularly that it is a suit for partition, in my opinion, delay deserves to be condoned. This appeal is allowed. Order passed by the District Judge – 4, Ahmednagar on application exh. 1 in Misc. Civil Application no. 22/2009 dt. 2-5-2009 is hereby set aside. Delay condoned. First appeal is directed to be registered by the District Court. Parties agree to appear before District Court, Ahmednagar on 16 th July, 2010. Appellant shall pay cost of Rs.500/- each to respondent nos. 1 to 3 and respondent no. 5. ( P. R. BORKAR, J.) dyb/office/sa68.10.odt