: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.591 OF 2007 IN SECOND APPEAL (ST.) NO.30347 OF 2006 Shankar Piraji Dabade .. Applicant V/s. Ganpati Dattu Dabade & Ors. .. Respondents Mr. V.M. Mali for the Applicant. Mr. S.D. Patil for Respondent Nos.1 to 3. CORAM : SMT. NISHITA MHATRE, J. DATED : 27 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay in preferring the Second Appeal. The applicant has stated that he was suffering from hyper tension and was being treated by Dr. Sunil Sawant during this period and, therefore, there was a delay in preferring the Second Appeal. 2. An affidavit-in-reply to the Civil Application was filed by the respondent No.1 in which he has controverted the statements made in the Civil : 2 : Application. He has further stated that he has obtained information that Dr. Sunil Sawant was never treating the applicant. 3. An affidavit-in-rejoinder has been filed by the applicant. The medical reports of the applicant, who was being treated in the Ankur Hospital by either Dr. Neeta Sawant or Dr. Sunil Sawant, had been produced on record. 4. In my opinion, therefore, the Civil Application deserves to be allowed, since the applicant has made out sufficient cause for the delay in presenting the Second Appeal. 5. The Civil Application is allowed in terms of prayer clause (a).