1 caf224-10-FA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 224 OF 2010 IN FIRST APPEAL (ST) NO.1638 OF 2010 WITH CIVIL APPLICATION NO.225 OF 2010 IN FIRST APPEAL (ST) No.1638 of 2010 WITH FIRST APPEAL (STAMP) No.1638 OF 2010 Bharati K Suryavanshi & ors .. Applicants/Appellants Vs Asha Subhash Aroskar .. Respondent Mr P.G.Karande, for the applicants/appellants. Ms Anita Patel i/b S.J.Ghodgave for the respondents. CORAM : D.B.BHOSALE,J. DATE : 01/10/2010. PC: Heard learned counsel for the parties. By this civil application, the applicants have prayed for condonation of 432 days delay caused in preferring the First Appeal. The applicants have explained the delay in paragraphs 3, 4, and 5 of the application. The Judgment and order impugned in the Appeal is dated 19.9.2008. By this judgment, the suit filed by the respondent for injunction simplicitor, has been decreed. While decreeing the suit, in paragraph 15 of the judgment, the trial court has observed thus : “Besides the rent receipts, the plaintiff has also T 2 caf224-10-FA relied upon Ration Card Exhibit-4 which stands in her name which is at the address of the suit premises, so also, the Electricity Bills which stand in her name at Exhibit-5 (colly). To my mind, these two documents are sufficient to infer that the plaintiff is in physical possession of the suit premises.” Admittedly, Written Statement was not filed by the applicants. The order rejecting their application for allowing them to file written statement was challenged in this court and this court confirmed the order passed by the trial Court. Hence, the suit proceeded without written statement. It is in this backdrop, certified copy of the judgment and decree was applied and received by the applicants on 24.11.2008. As a matter of fact, 17.10.2008 was the date given to the applicants for delivery of the certified copy. However, it was collected by the applicants on 24.11.2008. Insofar as the applicant nos 1 and 2 are concerned, the applicants have stated that they were taking medical treatments and hence they could not approach the court within time. Applicant no.1 has relied upon the medical certificates dated 28.1.2009 and 20.2.2009. Both these certificates show that she was suffering from Arthritis. However, the delay caused from the date of receipt of the certified copy of the judgment on 24.11.2008 till the medical certificate dated 28.1.2009 has not been explained by the applicants at all. Moreover, there is no dispute that applicant no.1 has filed another suit in May 2009 3 caf224-10-FA against the respondents, being S.C.Suit No.973 of 2009. The instant appeal, however was filed by the applicants in January, 2010. If the applicant could file Special Civil Suit No.973 of 2009 in the City Civil Court in May,2009, she has not explained as to what prevented her for filing the present appeal within time. Keeping that in view and considering the observations made in the impugned judgment, I find absolutely no merit in the civil application for condonation of delay. Hence this civil application is rejected. Consequently, the First Appeal (St) No.1638 of 2010 along with Civil Application No.225 of 2010 is also dismissed. (D.B.BHOSALE,J.) 4 caf224-10-FA