ttm 1 caf3823-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3823 OF 2011 IN FIRST APPEAL ST.NO.18753 OF 2011 Shri Masood Mahamud Rakhe and Ors. .. Applicants Vs. Smt.Rehana Abdul Latif Dadao and Ors. .. Respondents Mr.Aditya Thakkar i/b M/s.Khatri Legal Ventures for the applicants None for the respondents CORAM: K.K. TATED, J. DATE: 13th DECEMBER, 2011 PC: 1. Heard the learned counsel for the applicants. 2. Though the respondents are duly served, no one appeared on behalf of them when the matter was called out. The applicants filed affidavit of service dated 20.10.2011. The same is taken on record. 3. This application is preferred by original defendant nos.1, 9 and 10 for condonation of delay of five days in preferring First Appeal against the judgment and decree dated 5.3.2011 passed by Civil Judge, Senior Division, Alibaug in Special Civil Suit No.57 of 2002. ttm 2 caf3823-11.doc 4. Considering the submissions made by the learned counsel for the applicant and the averments made in para nos.3 and 4 of Civil Application, Civil Application is allowed in terms of prayer clause (a) which reads as under: “(a) the delay of 5 days in filing the above First Appeal be condoned.” 5. Civil Application is disposed of accordingly. (K.K.TATED,J.)