0403cas10.10.odt FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NO. 10/2010 IN SECOND APPEAL ST. NO. 16381/2009 (Pralhadsingh through Lrs. Ahilyabai Gautam & 7 others Vs. Hirasingh Pratapsingh Gautam & another) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : F. M. REIS, J. DATED : 4th March, 2010. Heard Mr. Dhore, learned Counsel for the applicants. None for the respondents through served. This is an application for condonation of delay of 2 years and 253 days in filing the second appeal challenging the judgment passed by the District Judge, Akola in regular civil appeal No. 166 of 2000. The main groundfor delay is on account of the fact that the applicant No. 3, who was representing the remaining applicants, was sick and subjected to operation. The medical certificate as well as discharge card have been produced by the applicant on record. The respondents though served, failed to file reply opposing the application. As no mala fides have been attributed to the applicant, considering the fact of illness of the applicant No.3 has not been disputed, the delay in filing the second appeal is condoned subject to applicant/appellants’ depositing costs of Rs. 750/- (rupees seven hundred and fifty only) with the High Court Legal Services Sub Committee, Nagpur. The application stands disposed of accordingly. JUDGE wwl