usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.697 OF 2008 APPLICATION NO.697 OF 2008 APPLICATION NO.697 OF 2008 IN IN IN SECOND SECOND SECOND APPEAL (ST.) NO.7759 OF 2008 APPEAL (ST.) NO.7759 OF 2008 APPEAL (ST.) NO.7759 OF 2008 Suryakant Kerba Mali ..Applicant V/s. Dhondiram Shripati Badale & Anr. ..Respondents ..... Ms. Swati D. Sawant for Applicant Mr. A.A. Metkari for Respondent No.1 ..... CORAM CORAM CORAM : A.P. DESHPANDE,J. : A.P. DESHPANDE,J. : A.P. DESHPANDE,J. DATED DATED DATED : 21st JANUARY, 2009. : 21st JANUARY, 2009. : 21st JANUARY, 2009. P.C. P.C. P.C. : : : 1. The appeal is barred by time by 3 years and 39 days. Hence, the application for condonation of delay has been filed. Perusal of the application reveals that what is stated is that the mother of the applicant was suffering from Cancer and had undergone operation on 22nd January, 2006. 2. It is stated that the applicant had to attend the ailing mother and to support her even post operation. An attempt is also made to explain the delay by submitting that the applicant had to arrange for money and the same was arranged some time in winter vacation of 2007 and lastly it is stated that though money was arranged the Advocate could not be contacted. 3. Perusal of the entire application reveals that the applicant / appellant has failed to show sufficient cause for condoning the delay. 4. The learned Counsel appearing for the respondent No.1 has opposed the application by contending that the decree ought to attend finality at some point of time and thus opposed the condonation of delay for more than 3 years. He has also submitted that the decree is already executed and hence no indulgence be shown to the applicant who is guilty of neglect and latches. As the applicant has failed to show sufficient cause for condoning the delay, the application stands rejected. (A.P. (A.P. (A.P. DESHPANDE,J.) DESHPANDE,J.) DESHPANDE,J.)