:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.468 OF 2007 OF MOTION NO.468 OF 2007 OF MOTION NO.468 OF 2007 IN IN IN APPEAL APPEAL APPEAL (L) NO.922 OF 2006 (L) NO.922 OF 2006 (L) NO.922 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.74 OF 2006 OF MOTION NO.74 OF 2006 OF MOTION NO.74 OF 2006 IN IN IN SUIT SUIT SUIT NO.39 OF 1989 NO.39 OF 1989 NO.39 OF 1989 IN IN IN PETITION PETITION PETITION NO.279 OF 1989 NO.279 OF 1989 NO.279 OF 1989 Rui Francisco Rodrigues ..Appellant Vs. Xavier Hillary Geoffray Almeida Greta Magdalen Almeida & Ors. ..Respondents Mr.R.S.Tripathi for the Appellant. None for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 19TH NOVEMBER,2007 : 19TH NOVEMBER,2007 : 19TH NOVEMBER,2007 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. None appears for the Respondents though served. The learned Counsel for the Appellant undertakes to file affidavit-of-service within a period of one week from today. By this Notice of Motion, the Appellant is seeking condonation of 23 days delay in filing the above Appeal. Perused the Notice of Motion and affidavit-in-support thereof. For the reasons stated therein sufficient cause is made out for condoning the delay in filing the above Appeal. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)