1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.26 OF 2009 IN CIVIL APPLICATION NO.666 OF 2006 IN APPEAL FROM ORDER (ST) NO.14543 OF 2006 Mohammed Matlob s/o.Haji Mehmood ..Applicant V/s Nawab Ahmed s/o.Haji Mehmood & ors ..Respondents Smt.Sonia Miskin, Advocate, for the applicant Mr.H.A.Sayyid, Advocate, for the respondent Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 21ST MARCH, 2009 P.C. . By the above Civil Application, the applicant prays for condonation of delay of two years and 17 days in filing the application for restoration of the Civil Application No.666 of 2006 which has been filed for condonation of delay of eight days in filing the Appeal from Order. The said Civil Application No.666 of 2006 came to be dismissed for default on account of the conditional order dated 29th August, 2006, by which order the petitioner was to take steps against 2 the unserved respondent within a period of two weeks, failing which the Civil Application was to stand dismissed for non-prosecution. The reasons why steps could not be taken have been mentioned in above Civil Application. It is the case of the applicant that he is an old person and partially blind residing at Meerut and therefore, there has been delay in filing the instant Civil Application. 2. On behalf of the respondent Nos.1 & 2 Mr.H.A.Sayyid opposes the application and contends that Civil Application No.666 of 2006 was filed by the son of the applicant, who was the Power of Attorney Holder of the applicant and therefore, the instant Civil Application is filed by the applicant for getting the delay condoned by pleading that the applicant is a old partially blind person and staying at Meerut. 3. The suit filed by the applicant is for partition and possession. The suit was dismissed on account of which the Notice of Motion was filed by the applicant which was dismissed against which the Appeal from Order has been filed. 3 4. In my view, considering the reasons mentioned in the Civil Application, the applicant deserves a last chance to get the delay in filing the Appeal from Order condoned. Hence, the above Civil Application is allowed in terms of prayer clauses (a) and (b). Resultantly, Civil Application No.666 of 2006 is restored to file. The applicant to pay costs of Rs.2,000/- to the respondent Nos.1 & 2 within a period of four weeks from date, on the applicant producing the evidence of having paid the said costs to the respondent Nos.1 & 2 that the applicant would be entitled to the benefit of this order. The office to list C.A.No.666 of 2006 only after the learned counsel for the applicant files the receipt of having paid the costs. In the event the costs are not paid within the time stipulated in the instant order, this order would not ennure to the benefit of the applicant, and resultantly, the above Civil Application would stand dismissed. (R.M.SAVANT, J.) 4