1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C. A. NO. 5536/2007 IN S.A. ST. NO. 11486/2007 Irfan Ali Khan Wajib Alik Khan & others Vs. Ambar Narayan Ramteke & others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Coram: C. L. PANGARKAR, J . Dated : 05TH DEC., 2008. Heard Counsel for the appellants and respondents. This application has been filed for condonation of delay in preferring appeal. The judgment was delivered on 12/3/2007. It is stated by the appellant that he came to know about the same on 22/4/2007 when he contacted the Counsel. Certified copies were obtained immediately and handed over to the Counsel. The appeal therefore should have been filed, in fact, upon reopening of the Courts i.e. on 09/6/2007 but the appeal was filed on 16/7/2007. In the initial affidavit that was filed, the petitioner states that appellant was not 2. well from 20/6/2007 to 30/7/2007 although the appeal was filed on 16/7/2007. The statement that the appellant was not well till 30/7/2007 seems that it is either a typographical mistake because no person would make such statement at least on affidavit. But then, further time was not explained in the application. Therefore, the appellant was directed to file fresh affidavit. In the said affidavit, it is stated by the appellant that he was not well from 31/5/2007 to 01/7/2007. It is further stated that due to illness the appellant could not make arrangement for filing the appeal since much amount was required for payment of court fees. Considering the averments made in the application as well as in the affidavits, I find that delay needs to be condoned though the respondents raised objection. C. A. allowed. Delay condoned. JUDGE WWL