1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICCTION CIVIL APPLICATION NO. 40 OF 2008 CIVIL APPLICATION NO. 40 OF 2008 CIVIL APPLICATION NO. 40 OF 2008 IN CIVIL REVISION APPLICATION NO. OF 2008 Jadavji Lalit Anchorwalla & Ors. ...Applicants Vs. Mrs. Jaibai Haribhau Jadhav (since deceased) 1. Kumar Ganpat Jadhav & Anr. ...Respondents Mr. Prasad P. Kulkarni i/b. Mr. P.S.Dani for the applicants. CORAM: S.P.DAVARE,J. CORAM: S.P.DAVARE,J. CORAM: S.P.DAVARE,J. DATE: 12th February, 2009. DATE: 12th February, 2009. DATE: 12th February, 2009. P.C. P.C. P.C. 1. Perused the papers. Heard the learned Counsel for the applicants. 2. By the present Application, the applicants prayed for condonation of delay of 177 days which 2 occurred in filing Civil Revision Application. According to the applicants, being aggrieved and dissatisfied by the judgment and decree dated 19.4.2006, they had preferred Writ Petition No.5847 on 11.8.2006. However, when the said Writ Petition came for admission, this Court took the view that Writ Petition is not maintainable but Civil Revision Application would be maintainable and dismissed the said Writ Petition. It is the contention of the applicants that they were not aware of the decision given by this Court as aforesaid. They further state that the entire litigation is being looked after by applicant No.3 who is more than 80 years of age and the said applicant was not keeping well during the period between November 2007 till end of December 2007 and, therefore, could not contact the Advocate. The applicants came to know about the said order when they received telegram from the advocate on 6.1.2008 and thereafter immediately Civil Revision Application was preferred by the applicants along with the present Application for condonation of delay. 3. In view of the foregoing facts, it is apparent that the delay of 177 days which has occurred in preferring the Civil Revision Application is not willful and intentional and, therefore, the same is required to be condoned in the interest of justice and accordingly 3 the said delay stands condoned and the present Civil Application stands disposed of. 4. Civil Revision Application be fixed for admission in due course. (S.P.DAVARE,J.) (S.P.DAVARE,J.) (S.P.DAVARE,J.)