1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 425 OF 2009 Karbhari s/o Govind Kale ( deceased through LRs) .. APPELLANT VERSUS Nivrutti Govind Nibhe ( deceased through LRs) .. RESPONDENT Mr. B.K. Pawar with Mr. A.B. Kale, Advocates for the appellant. ===== CORAM : R. M. BORDE, J. DATE : 14 th October, 2009. PER COURT : 1 Applications presented by the appellants at exh. 22, 24 and 26 claiming condonation of delay, as well as for setting aside abatement of appeal and for bringing legal heirs of appellant on record came to be rejected by the 2 nd Extra Jt. District Judge, Ahmednagar on 23-3-1999. Orders passed by the first appellate court in Regular Civil Appeal no. 354/1988 are subjected to challenge in the instant second appeal. Second appeal is not entertainable against the orders passed in applications at exh. 22, 24 and 26 by the first appellate court. Appeal is not decided on merits. 2 However, applications presented claiming condonation of delay in tendering application for setting aside abatement as well as for bringing on record legal heirs of deceased appellant came to be rejected by the first appellate court. Obviously, the second appeal is not entertainable. Appeal therefore stands dismissed. Appeal was presented in the year 2000 and was taken up for consideration only in the year 2009. Appellants / original defendants have liberty to take out appropriate proceeding. However, while dealing with the appropriate applications / appeals, pendency of instant second appeal would be the ground available for seeking condonation of delay in presenting the proceedings raising exception to the impugned order passed which are subjected to challenge in the instant second appeal. ( R. M. BORDE, J.) dyb/office/sa425.09.odt