1 15-cac-563-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.563 OF 2010 IN CIVIL REVISION APPLICATION (ST)NO.28620 OF 2010 Smt. Rose Lucia Christine Fernandes .. Applicant V/s. Bona Coutinho .. Respondent. Ms. Minal V. Chavan i/b. Mr. Vinay Hegde, for the Applicant. Mr. Jitendra Patil i/b. Agnis Martins, for the Respondent. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 This Civil Application is filed by the Original Plaintiff in R.A.E. Suit No.2320 of 1998 which was for possession of the suit premises and the decree of eviction has been sought essentially on the ground of addition and alterations which has caused waste and damages to the suit premises. Similar suits were filed against other tenants. All the suits were dismissed and the landlords filed Appeals. Appeal No. 360 of 2006 which was filed for challenging the decree of dismissal in R.A.E. Suit No.2320 of 1998, was 2 15-cac-563-2010.sxw also dismissed by the Judgment and Order dated 5th March, 2008. The present Civil Revision Application along with application for condonation of delay has been filed on 29th October, 2010. The explanation offered for delay is contained in paragraphs 2 to 4, where, inter alia, lack of financial resources has been cited as one of the ground for delay. 2 Affidavit in reply has been filed by the Respondent, opposing the Civil Application on various grounds and affidavit in rejoinder has been filed by the Constituted Attorney of the Applicant, stating that the Petitioner has lost her husband on 27th March, 1968, that she is surviving from the income of the small flour mill from which she was getting income of Rs.4,500/-. It is also stated that because of the unwritten family settlement, she was required to sell the house and consequently, is residing with her married daughter. 3 During the course of hearing, the learned Advocate for the Applicant has placed on record order dated 11th January, 2010 passed in Civil Application No.325 of 2009 in Civil Revision Application No.478 of 2009, whereby delay of 301 days in filing Civil Revision Application was condoned and the similar order dated 3rd March, 2010 passed in Civil Application No.36 of 2010 in Civil Revision Application No.626 of 2009. The said orders are taken on record and marked as “X” and “X-1” for 3 15-cac-563-2010.sxw identification. The learned Advocate for the Respondent is justified in contending that in these cases, Writ Petition was earlier filed and thereafter converted into Civil Revision Application, which had resulted in delay, which is not the case in the present matter. 4 Even after considering the said objections, and considering the fact that the Petitioner is widow and of advanced age and considering the fact that she is earning a small income, a liberal view needs to be taken. 5 Civil Application is allowed in terms of prayer clause (a), subject to payment of costs of Rs.3,000/- , to be paid to the Respondent or to be deposited in this Court, within four weeks from today. If cost is not paid/ deposited, Civil Application shall stand dismissed without further reference to the Court, and consequently, Civil Revision Application will not be registered. If cost is paid/ deposited within the stipulated period, Civil Revision Application shall be registered and shall be listed for admission according to C.M.I.S. Programme. (G.S.GODBOLE, J.)