1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. O. NO. 528 OF 2009 IN M. C. A. ST. NO. 16461 OF 2008 IN S. A. NO. 116 OF 1992 Ramdulari Matabadalsingh & Ors. Vs. Meerabai wd/o Bharatsingh Baghel thr. L. Rs. Sharda Sureshsingh Baghel & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri N. S. Khandewale Adv for appellant. Shri N. S. Badhe Adv for respondents. CORAM: C. L. PANGARKAR J. Dated: 9 th DECEMBER, 2009. Heard counsel for the petitioner and the respondents. This application has been filed for condonation of delay in preferring review application. The review that is sought is in respect of the judgment delivered by this Court on 28.04.2008. It is contended by the applicants that after receipt of certified copy they had contacted the lawyer and he advised that review application be filed instead of L. P. A. It is also contended that thereafter their 2 uncle fell seriously ill and he later on died. It is their contention that due to the trauma of death of their uncle they could not file the review application. Respondent has filed reply and has opposed that application. Learned counsel for the appellant submits that the appellant has a good case on merit. It is only on account of the death of uncle that review could not be filed within time. Learned counsel for the respondent submits that in fact there is no sufficient ground shown in the application to condone the delay. Application does show that the uncle of the applicant was admitted in Care Hospital and he was suffering from cancer. Considering these facts the delay in filing review application stands condoned subject to payment of costs of Rs. 1000/- to be paid to the respondents within a period of 15 days. JUDGE svk 3 4 5