:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2945 OF 2008 PETITION NO.2945 OF 2008 PETITION NO.2945 OF 2008 M/s Aditi Transport Company & Anr. ..Petitioners V/s Rejendra Amrutlal Shah ..Respondent Mr.A.M. Kulkarni for the petitioner CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 24TH JUNE, 2008 : 24TH JUNE, 2008 : 24TH JUNE, 2008 P.C. 1. This petition impugns the order dated 23-1-2008 passed by the Ad hoc District Judge, Sangli, whereby the application for the petitioner for condonation of delay for 41 days in filing the appeal has been rejected. 2. The application of the petitioner is rejected merely on the ground that there is no medical certificate supporting the averments in the application about illness of the petitioner No.2. The petitioner No.2 is 72 years old and merely because there was no certificate of any Doctor to support her illness, the application ought not have been rejected. In my view, the Trial Court could :2: have been more liberal particularly when the delay is only 41 days and considering the age of the petitioner No.2, who is a lady of 72 years age. The impugned order is thus set aside. Delay in filing the appeal is condoned. Let the Appeal be numbered. 3. The petition is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)