cra396-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 396 OF 2011 Shri Laxman Vedu Dabhade ... Applicant/Petitioner. V/s. Shri Kailash Shantaram Kothawade & Anr. ... Respondents. --- Mr. Girish Paryani for the Applicant/Petitioner. Mrs. Rutuja Ambekar for the Respondents. --- CORAM:- GIRISH GODBOLE, J. DATED :- 22nd SEPTEMBER, 2011. P.C. : 1. Heard Mr. Girish Paryani for the Applicant and Mrs. Ambekar for the Respondents who have been served. 2 Mrs. Ambekar states that the Vakalatnama will be filed within one week. Statement is accepted. 3 The Application is filed for condonation of delay in filing Revision against the Decree for eviction. The delay is sought to be explained in paragraph 7 of the Civil Application. In support of the said averments, Mr. Paryani has placed on record the certificates issued by the medical practitioners on 27.01.2011, 15.06.2011, 07.07.2011 and 30.05.2011. The Certificates describe different ailments than the one mentioned in cra396-11.sxw 2 paragraph 7 of the Civil Application. The Application is strongly opposed by relying upon two certified copies of the Applications dated 22.03.2011 and 30.03.2011 filed by the Advocate for the Applicant in the District Court for getting certified copies and it is pointed out that the certified copies were delivered in March, 2011 and June, 2011 and hence, the reasons for delay are not genuine. There is some substance in the contention of the learned Advocate for the Respondents. However, a perusal of the said Applications indicates that the first Application was filed for certified copies of the Judgment and Decree of the Appellate Court whereas the second Application was filed for Judgment and Decree of the Trial Court and the W.S.. Thus the said certified copies were received in June, 2011 and the CRA has been lodged in the month of July, 2011. Though the ailments of the Applicant are not indicated as reasons for condonation of delay, considering the age of the Applicant of 73 years, and his medical certificates, in the interest of justice the delay is condoned particularly because there is a Decree for eviction passed by the Trial Court and the Appellate Court subject to the payment of costs of Rs. 750/- to the Respondents. 4 List the CRA for admission on 4th October, 2011. [GIRISH GODBOLE, J.]