1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.8621 OF 2011 IN FIRST APPEAL ST.NO.16580 OF 2011 Balkrishna Khandu Patil .. Applicants Versus Dattatraya Khandu Patil and ors. .. Respondents Mr Mukul Kulkarni, Advocate for applicants Mr Rajendrraa Deshmukh, Advocate for respondent No.1 Respondents 2 and 3 served CORAM : MRS MRIDULA BHATKAR, J. DATE : 28th September 2011 PER COURT Application is filed for condonation of delay of 413 days. Appellant- plaintiff has filed the suit for possession and recovery of the amount. Suit was dismissed by judgment and order dated 22.1.2010. 2. Learned Counsel for the appellant/applicant submits that the suit is filed between brothers and the licencee of the respondent-brother. The appellant is 79 years old. He is 100% deaf. He submits that the applicant has undergone surgery bypass and he was under the treatment and not keeping good health and, therefore, the delay is not intentional and deliberate in filing the appeal. 2 3. Learned Counsel for the respondent opposes the application. 4. Considering the submissions of the learned Counsel for the appellant and also the age of the appellant, delay of 413 days is condoned on payment of costs of Rs.500/- to be paid to respondent No.1. Civil Application disposed of. ( MRS MRIDULA BHATKAR, J. ) (vvr/8621.11ca)