IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO 79 OF 2008 IN CIVIL REVISION APPLICATION (ST) NO 6801 OF 2008 Shri. Genu Bhiku Mohite .. Applicant V/s. 1. Shri. Latif Shaikh Chairaguddin and Ors .. Respondents Shri. Hemant Ghadigaonkar for the Appellant Shri. V.S. Gokhale for Respondent Nos. 1 to 3 Coram : R.M. Savant, J. Date : 16th February, 2009. P.C.: 1. By the above Civil Application, Applicant prays for condonation of delay of 8 years and 38 days in filing Civil Revision Application. The Applicant is the original Defendant in Suit No. 1275 of 1987 filed by the Respondents / Plaintiffs for possession of the suit premises on the ground of default, reasonable and bonafide requirement and acquisition of alternate premises by the Applicant, the said suit was decreed on 12.11.1990 on the ground of bonafide requirement. Aggrieved by the said decree, the Applicant filed Appeal bearing No. 153 of 1992. By the judgment and order 1 dated 01.11.1999, said Appeal came to be dismissed. Thereafter, the Applicant filed Writ Petition in this Court on 03.03.2007 which came to be withdrawn on 07.06.2007 and the present Civil Revision Application has thereafter been filed on 22.02.2008. 2. It is the case of the Applicant that he was suffering from serious depression since December 2000 till January 2006 and therefore had lost track of the litigation and did not prefer any further proceeding against the decree dated 01.11.1990 of the District Court. In support of the said case, the Applicant relies upon the papers relating to the medical dispensary of Postal Department and also certificate dated 04.01.2006 issued by the Superintendent, Regional Mental Hospital, Yerwada, Pune. In the said certificate, it is mentioned that the Applicant was suffering from chronic depression between the period January 2000 to January 2006 and has been advised to take rest. There are no other details as regards the treatment being given to the Applicant. How the said Superintendant could issue the said certificate in January 2006 for the period January 2000 to January 2006 begs the question. Pertinently, other papers are relating to the dispensary of postal department and they are of recent origin i.e for the period June 2007 and therefore in my view, do not aid the Applicant in 2 support of his case that he was suffering from depression since the year 1999. Another aspect to be considered is that though the Writ Petition was withdrawn on 07.06.2007, the instant Civil Revision Application is filed on 22.02.2008, there is no explanation for the said delay. 3. In matters of condonation of delay, it is not only the Applicant who has to show sufficient cause to the satisfaction of the Court, but the Court is also required to be satisfied that no prejudice will be caused to the Respondent if delay is condoned. In the instant case, the Respondents have a decree passed by both the Courts below which they have now put in execution. Any relief, therefore granted to the Applicant at this stage is likely to prejudice to the Respondents. In any event, on the basis of the material placed on record, no indulgence can be shown to the Applicant. The Applicant appears to be indolent and negligent in pursuing his remedies. Hence, in my view, no reliefs can be granted to the Applicant in Civil Application. Civil Application is accordingly rejected. (R.M. Savant, J) 3 4