1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION S. NO.532/2011 IN SECOND APPEAL ST. NO.7736/2011 Kashibai alias Kashabai wd/o Sampatrao Tekam ...Versus... Ushabai w/o Madhukar Lotey Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Shri P.D. Meghe, Adv. for applicant] [Ms Sapkal, Adv. for respondent] CORAM : A.B. CHAUDHARI, J. DATED : 16.09.2011. Heard. No reply is filed by the respondent. This civil application is pending since April, 2011. There is delay in filing second appeal. Learned Counsel for the applicant submits that the lower appellate Court has reversed the judgment of the trial Court which was in favour of the appellant. According to him, as stated in the application, the matter was looked after by one Maroti as a representative of other family members, who were parties to the appeal before the District Judge. It was not possible for all the female members who are tribal to look after the 2 litigation not being conversant with the same when only one person Maroti was looking after the litigation. But the said Maroti expired on 16.1.2003 and the applicants who are women folk and living in the interior area were unable to know that the appeal was allowed against them and the decree in their favour was set aside. In that view of the matter, I am satisfied that the delay deserves to be condoned as majority of the applicants are women folk belonging to the Scheduled Tribe and living in the interior villages. For all the above reasons, I am satisfied looking to the illiteracy and incapability of the women folk, who are living in the interior villages to prosecute the matter diligently. In fact they were not at all aware about the judgment made by the first appellate Court after the death of Maroti. This is a good and sufficient reason to condone the delay. Order of cost shall subserve the ends of justice. Hence, delay is condoned. Civil application is allowed. Applicants to pay costs of Rs.2,000/- (Rupees Two Thousand Only) as a condition precedent within a period of four weeks from today. Civil Application stands disposed of. JUDGE ssw