IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 195 OF 2008 MARIA JOYCE R GONSALVES THROUGH ATTORNEY SILVESTRE E A GONSALVES ... Petitioner Versus SMT. BOANITA D'SOUZA AND 2 ORS., ... Respondents Mr. Vivek Rodrigues,Advocate for the petitioner. Mrs. Asha Dessai Under Legal Aid Scheme for the respondent No.1. Coram:- SMT. R. S. DALVI, J. Date:- 15th April, 2009 P.C. Heard Mr. V. Rodrigues, Advocate for the petitioner and Mrs. Asha Dessai, Advocate for the respondent No.1. 2. This writ petition challenges the order dated 19.10.2006 by which the application for condonation of 50 days' delay in filing the first appeal, has been refused. Initially the order was passed in Eviction Proceedings. The Eviction Proceedings is stated to have been disposed of. The first appeal otherwise deserves to be heard on merits. 3. For condonation of 50 days' delay, the ground that is made out, is illness. The petitioner has produced on record a medical certificate, which shows that the petitioner is suffering from umbilical hernia. Her movements were restricted and she was ordered to take rest. This application is contested on the ground that the movements were only restricted and the surgery was to be performed or was performed, is not shown. It is argued that she is represented through her husband. She could have been represented even in the first appeal and, hence, the application for condonation of delay, has been seriously disputed in First Appeal as well as in this writ petition. 4. The delay is of 50 days'. The parties deserve to be heard on merits. Hence, in the interest of justice, the impugned order dated 19.10.2008, is set aside. The delay stands condoned. The First Appeal shall be heard on merits. The writ petition is disposed of accordingly. SMT. R. S. DALVI, J. SMA