-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1308 OF 2008 Mrs. Halima Abdul Latif : Appellant v/s Shafi Aziz Peerbhoy : Respondent Shri J.N. Jayale advocate for appellant Shri J.J. Shah advocate for respondent Coram : S.P. Davare, J. Date : 11.2.2009 P.C. . Perused the application and heard the advocates. By the present civil application the applicant has prayed to condone the delay of three days in preferring appeal against order dt. 30.10.2007 in notice of motion no. 188/07 in S.C. suit no. 240/07. The appellant contends that she was sick and therefore she was unable to file annexing appeal within the period of limitation. Hence she appointed her husband as her C.A. to file the annexing appeal which led to three days delay. . It appears that the delay occurred in filing the annexing appeal is not deliberate and willful delay and the appellant showed the sufficient cause for delay in filing the annexing appeal. Hence the -2- interest of justice requirs that three days delay in filing annexing appeal be condoned and accordingly the said delay of three days stands condoned C.A. 1308/08 stands disposed of accordingly. A.O. be fixed for admission on 25.2.2009. (S.P. Davare,J)