1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO.454 OF 2009. IN L.P.A.ST.NO.9784 OF 2009. IN W.P.NO.1352 OF 1997 (D). SMT. ZAKIYA SHAHNAZ WD/O MOHIUDDIN JAMAL VS. MOHAMMAD ILLIYAS S/O MOHD. YUNUS AND OTHERS Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri D.B. Walthare, Advocate for the applicant. Shri NR Saboo, Advocate for the Respondent no. 1&2. Coram : B.P.DHARMADHIKARI AND F.M. REIS, JJ. Dated : 07th AUGUST, 2009. 1. The prayer is to condone the delay of 130 days in filing Letters Patent Appeal. 2. The reason given is only old age and ailment of the applicant. She has stated that she is advised complete bed rest and she could not collect all documents as she is resident of Hyderabad. 3. Advocate Shri Saboo contends that the reasons are incorrect because in filing the 2 Letters Patent Appeal, only copy of order is required and the copy of the writ petition has only been annexed. 4. We have perused the papers. We find that the medical certificate issued by the Maternity and Nursing Home at Hyderabad is placed on record which mentions that she was advised bed rest from 25-01-2009 to 25-06-2009. The certificate, however, is not annexed along with the application. 5. In the circumstances, we condone the delay subject to payment of costs of Rs.5000/- by the applicant to respondents within a period of three weeks. If the costs are so paid, Office to register the Letters Patent Appeal. JUDGE JUDGE /Muley/