: 1 : 5845-07-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5845 OF 2007 WITH CIVIL APPLICATION NO. 3077 OF 2008 IN FIRST APPEAL (ST) NO. 30945 OF 2002 Rama Tapu Punakharvi & Ors. .. Applicants v/s. Devnar Construction Co. & Ors. .. Respondents ......... Mr. Deepak Chitnis Chiparikar for the applicants Mr. S.M. Sabrad with Ms. Sonya Putta i/b Ms. Soloman & Co. fro respondent no.1 ......... CORAM : A.V. NIRGUDE, J DATE : 21st DECEMBER,2011. P.C. : 1. This application seeks condonation of delay caused in filing of first appeal. The impugned judgment and decree of the trial Court is of 12th March, 2001. The suit was decreed against the applicants and perpetual injunction was granted. The applicants then delayed the filing of the appeal but ultimately on 14th August, 2002 they reached this Court with their appeal memo and the application seeking condonation of delay. The office took objections and one of the objection was that the applicants had : 2 : 5845-07-caf=.sxw not filed certified copies of impugned judgment and decree. The applicants took further time to get those certified copies and rather belatedly filed them in this Court. In view of this further delay in filing of the certified copies, the office calculated delay of 567 days in filing of this appeal whereas if the days between the date of judgment and decree and the date of filing of the appeal are counted, the delay is only of 262 days. 2. The applicants came up with usual defense for explaining the delay. They stated that though they were three in numbers, it was only the applicant no.2 who was taking care of the case and since he was not well for quite some time, he could not instruct his advocate to file the appeal in time. In the meantime, from 2002 onwards, the application seeking condonation of delay remained pending and at least on two occasions, it was dismissed for default and was restored. During this time, the applicant nos. 1 and 2 died. In view of this facts, despite opposition of the respondents, I am inclined to condone the delay by putting the applicants to terms. In my view, costs of Rs.5,000/- would be just for showing this indulgence. On the applicants’ paying costs of Rs.5,000/- during this week, delay shall stands condoned and the office shall then register the appeal. Appeal shall be fixed for admission. : 3 : 5845-07-caf=.sxw Civil Application No. 3077 of 2008 . Heard. This application is allowed. The delay of 80 days in filing this application is condoned. The legal representatives of the applicant nos. 1 and 2 (appellants) be brought on record. Amendment be carried out within one week. (A.V. NIRGUDE, J.)