MC 2390/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Kalita, the learned counsel for the applicants as well as Mr. Deka, the learned counsel appearing for the respondents. The applicants by the present application are seeking condonation of del ay of 31 days in preferring the appeal challenging the judgment and decree dated 23.12.2008 passed by the learned Civil Judge No.1, Kamrup, Guwahati, in Title A ppeal No.4/2008 contending inter alia that during the lifetime of their father, they on 05.01.2009 applied for the certified copy of the judgment on 05.01.2009, which was made ready for delivery on 24.01.2009. According to the applicants th ereafter on 13.03.2009 their father has expired and they came to know about the case only on 14.05.2009 and hence took the required steps for filing the appeal on the basis of the certified copies applied for. It has further been contended that the memorandum of appeal eventually has been filed on 19.05.2009 thereby ca using a delay of 31 days. In the affidavit-in-opposition filed by the respondents it has been cont ended that the applicants could not demonstrate sufficient cause in not filing t he appeal in time. Having heard the learned counsel for the parties and upon perusal of the averments made in the application seeking condonation of delay as well as in th e affidavit-in-opposition opposing such prayer for condonation of delay, I am of the view that the applicants were prevented by sufficient cause in not preferri ng the appeal in time and hence the delay occurred in filing the appeal is condo ned. Misc. case stands allowed.