1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1029 OF 2011 IN APPEAR FROM ORDER ST. NO.14609 OF 2011 Mr. Ismail U. Sayyed ...Applicant. v. Hasham I. Sayyed Since deceased through Legal Heirs 1(a) Zubedabai H. Sayyed & Ors. ...Respondents. Mr. Arvind Purohit ,adv. For the Applicant. Ms Gauri Godse, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JULY 25, 2011. P.C. 1 Heard the learned counsel for the parties. 2 The appellate Court reminded the suit to the trial Court with certain directions for limited purpose of deciding the share of the parties. That order is sought to be challenged by the applicant, who is original defendant no.4 by filing an appeal. This application is filed for condonation of delay of 244 days in filing that appeal. According to him, he is senior citizen aged about 69 years and because of financial constraints, he could not file the appeal earlier. The learned counsel for the respondents, who are the original plaintiffs, points out that the applicant is very actively contesting the matter before the Courts below. 2 After remand order was passed, not only he appeared before the trial Court but also moved two applications before the trial Court. On rejections of those applications, he also filed writ petition in the High Court on 5th April, 2011. Present appeal was filed alongwith application for condonation of delay on 8th June, 2011. Taking into consideration the above circumstances, there appears no valid reasons/explanation about delay of 244 days in filing the appeal against the remand order. Merely the fact that he happens to be senior citizen is not sufficient ground to condone the delay. 3 Therefore, the application for condonation of delay stands rejected. In the result, appeal from order also stands rejected. (J.H. BHATIA,J.)