1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 6823 OF 2007 IN FA ST. 6123 OF 2007 (Deepak Mahadeorao Chaware vs. Smt. Gayanabai Dewalalji Shivhare) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 05, 2009. Heard Shri Khondalay, learned counsel for the applicant/ appellant. The prayer is to condone delay of 261 days in filing First Appeal challenging the decree for specific performance. It is stated that at the time when the impugned judgment was pronounced the wife of the applicant was unwell then he himself was unwell and thereafter for some time his daughter was unwell. Accordingly medical certificates are placed on record. Shri Kothari, learned counsel for the respondent is strongly opposing the prayer for condonation of delay. He points out that effort is to delay execution of sale deed and the amount of Rs.2,25,000/- is already deposited by the present respondent on 29.9.2006. Considering the nature of controversy and the certificates placed on record, I find that there 2 cannot be any malafides in the matter. Hence, delay is condoned, however, subject to payment of cost of Rs.5,000/- by the applicants to the respondent by 15th March 2009. If the costs are so paid, the office to register First Appeal and place it for further consideration. JUDGE *GS.