1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2725 OF 2005 IN FIRST APPEAL ST. NO.27481 OF 2004 Smt.Sulochanaben Sureshchandra Jand .. Applicant V/s. Mr.Mohanrao Baburao Latkar & Ors. .. Respondents Mr.Vishwanath Talkute for the Applicant. Ms.Aarti K.Tated i/b.Ms.Sunanda R.Kumbhat for Respondent Nos. 1a to 1d. CORAM: S.J.KATHAWALLA J. DATE : 12 th NOVEMBER, 2009. P.C. By this Civil Application the Applicant is seeking condonation of delay of 7 days in filing the First Appeal. The learned Advocate appearing for Respondent Nos.1a, to 1d is not opposing the application. However, Respondent No.6 has filed an affidavit disputing that the delay is of 7 days and further disputing that the statement made in the application 2 namely that the son of the Applicant has expired, is not the actual son of the Applicant. The learned Advocate for the Applicant states that though the person who expired is not the actual son of the Applicant, he is treated as their son. It is further submitted that even if the delay is calculated as alleged by Respondent No.6, the same will not exceed beyond a period of three months. In view thereof, the delay is condoned. The Applicant is directed to inform the Respondents who are not before this Court that the delay is condoned and the First Appeal is kept for admission before this Court on 14th December, 2009, and file affidavit proving service. 2. S.O. to 14th December, 2009. (S.J.KATHAWALLA J.)