KBP 1 ca324-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.324 OF 2011 IN SECOND APPEAL [STAMP] NO.4442 OF 2011 [Saitunnissa Vs. Zaikrullah] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.H.S.Venegavkar, for applicant. Respondent no.1 present in person. CORAM : R.G.KETKAR, J. DATE : 29 th APRIL, 2011 P.C. Heard Mr.H.S.Venegavkar, learned counsel for the applicant and respondent who appears in person. 2] This is an application for condonation of delay of 60 days in filing the Second Appeal. In paragraph 8 of the application, it is averred that the applicant nos.1, 3 to 7 are pardanashin ladies and they belong to Muslim community and are not well versed with the Court matters. They are illiterate. The Court matters are normally dealt with by applicant no.2 who is a handicap person. After obtaining certified copy of the impugned judgment and order, the applicants sought opinion from their relatives as also from the lawyer and thereafter, decided to prefer this appeal. It is further averred that their financial position is also not very sound. In the this process, the delay occasioned. It is further contended that the delay is not deliberate or intentional. KBP 2 ca324-11.sxw 3] The respondent, who appears in person, filed reply opposing this application. According to him, the delay is not of 60 days; but the delay is of 7 months. He, therefore, prays that the delay may not be condoned. 4] I have considered submissions made by the parties. After hearing the parties and after considering the averments in paragraph 8 of the application, I am satisfied that the applicants have made out a sufficient cause for condonation of delay. 5] Hence, Civil Application is allowed in terms of prayer clause (b) with no order as to the costs. 6] Appeal be listed for admission on 20 th June, 2011. Appellants shall furnish copy of compilation of appeal to the respondent who appears in person, before the next date of hearing. [ R.G.KETKAR, J. ]