IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 557 OF 2011 IN STAMP NUMBER MAIN NO. 174 OF 2011 SHRI SUBHASH BHUPALRAO AVALAKKI ... Applicant Versus SHRI ASHOK NINGOGIRAU NAWGEKAR AND ANR., ... Respondents Ms. Sona Pednekar, Advocate for the Applicant. Ms. Sudha Pai Kir, Advocate for the Respondents. Coram:- F. M. REIS, J. Date:- 30th November, 2011 P.C.: Heard Ms. Sona Pednekar, learned Counsel appearing for the applicant and Ms. Sudha Pai Kir, learned Counsel appearing for the respondents. 2. This is an application for condonation of delay of 475 days in filing the Second Appeal. The facts stated in the application which are supported by an affidavit have not been controverted by the learned Counsel appearing for the respondents. On perusal of the records, it appears that Second Appeal preferred by the respondents has already been admitted by this Court. It is not in dispute that a common judgment and decree dated 24/09/2009 was passed while disposing of two appeals preferred by the appellant and respondents. The facts also reveal that the applicant on the basis of legal advise did not initially prefer the Second Appeal. Remaining delay is on account of the fact that the applicant was sick. It is supported by medical certificate which is not disputed by the respondents. 3. Considering the facts and circumstances of the case, the records reveal that there was some negligence on the part of the applicant in approaching this Court within the time prescribed, but however, considering the reasons as stated in the application, I find that the delay of 475 days can be condoned subject to the payment of costs of Rs.1,000/- to be paid to the Goa state Legal Services Authority within four weeks from today. 4. Application stands disposed of. F. M. REIS, J. NH