1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 12461 OF 2008 IN CIVIL REVISION APPLICATION ST. NO. 22155 OF 2008 Md. Hyderali s/o Abdul Samad &ors. ...Applicants VERSUS Abdul Karim s/o Akbar Deshmukh & ors. ...Respondents ..... Shri Yunus B.Pathan, advocate for the applicants ..... CORAM : S.P. DAVARE, J. DATED : 12th June, 2009. ORAL ORDER : 1. Perused. 2. The applicants (original plaintiffs) have preferred the present application for condonation of delay of one month in filing the accompanying Civil Revision Application Stamp No. 22155 of 2008. 3. It is the contention of the applicants that they have filed the 2 accompanying Civil Revision Application challenging the order dated 21.6.2008 passed by the Wakf Tribinal. However, applicant no.1 was suffering from diabetes and was under treatment for piles. Moreover, applicant no.3 was suffering from diabetes and kidney stone problem and he also was under treatment and confined to bed. Moreover, applicant no.2 was out of station due to business commitments and was unavailable for the period of about six months. 4. Besides, the applicants submit that they were ignorant about the impugned order passed by the learned Presiding Officer and were unable to be in touch with their advocate due to aforesaid personal problems. Hence the applicants submit that the delay in filing the accompanying Civil Revision Application is not intentional, willful or deliberate and, therefore, the same is required to be condoned in the interest of justice. 5. Heard Shri Yunus B. Pathan, learned counsel for the applicants. Shri G.R.Syed, learned counsel for respondent no.9 is absent. None appeared for respondent nos. 1 to 8 in spite of service of notices upon them. 6. Apparently, there is nothing to disbelieve the contention of the applicants in respect of their sicknesses; as well as that applicant 3 no. 2 was out of station for specific period for business commitments. Hence, in view of the said position, delay caused in filing the accompanying Civil Revision Application does not appear to be willful or deliberate and as such the delay occurred in filing the accompanying Civil Revision Application is required to be condoned in the interest of justice to enable the applicants to contest the accompanying Civil Revision Application on merits. 7. In the circumstances, Civil Application No. 12461 of 2008 is allowed in terms of prayer clause ‘B’ thereof and the same stands disposed of accordingly. (S.P. DAVARE, J.) dbm/ca12461.08