1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 7869 OF 2008 IN S.A. ST. NO. 18698 OF 2007 (Ashok Narayandas Chetwani & Ors. vs. Hemlata Shrihari Khobragade & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 12, 2009. Heard Shri De, learned counsel for the appellants/ applicants. The prayer is to condone delay of 16 days in filing Second Appeal. Smt. Deshpande, learned counsel for the respondents strongly opposes the prayer for condonation of delay by pointing out that ill-health of the appellant/ applicant No.2 is put forth as the reason while there are total eight appellants. The learned counsel for the applicants points out that applicant No.2 alone was aware of all the facts. I find that dispute is between landlord and tenant and present appellants are tenants who filed suit for some fencing erected by the respondents – landlords. It is to be noticed that appellants and respondents No. 1 & 2 are from Chandrapur while applicant Nos. 5, 7 & 8 are from Nagpur. The 2 certificate shows that applicant No.2 was under medical treatment from 2.9.2007 to 8.10.2007 for hyper tension and epilepsy and he was advised bed rest. There is absolutely no justification in application as to why the appellant/ applicant No.1 – Ashok aged about 51 years and shown to be doing business, could not take steps in such circumstances to file appeal. I do not find this application as filed, to be bonafide hence application rejected. JUDGE *GS.