-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.165 OF 2009 Shri Subhash Sadashiv Mozar : Appellant v/s Smt. Pushpa Prakash Mozar and ors.: Respondents Mr. Pradip Gole advocate for appellants Mr. Ajit Kenjale advocate for respondents Coram : S.P. Davare, J. Date : 13.2.2009 P.C. . Perused. Heard learned respective advocates for the applicants and respondents. The applicants have preferred the present application for condonation of delay for about 184 days for filing the annexing AO. The respondent opposed the present application. The applicant submits that they have filed the annexing AO challenging the impugned order dt. 24.4.2008 and order dt. 29.11.2008 granting police protection. However since the applicant is layman and poor agriculturist having no knowledge of court procedure and he was not keeping well and was under the medical treatment, he could not file the annexing AO within the period of limitation and delay of 184 days occurred in filing the annexing AO. Applicants (original plaintiff) further submit that the delay -2- occurred in filing annexing AO was beyond his control and same is not willful or intentional. . Considering the rival submissions apparently the cause pleaded and put forth by the applicant for delay in filing annexing AO appears to be sufficient cause for condonation of delay. It also appears that the delay occurred in filing annexing appeal is not willful and intentional since the applicant was sick and was under the medical treatment. Besides no prejudice would be caused to the respondent if the delay occurred in filing the annexing AO is condoned. Hence interest of justice requires that present application be allowed and applicant be given opportunity to contest the annexing AO on merits. . In the circumstances present Civil application stands allowed and delay of 184 days occurred in filing annexing AO stands condoned in the interest of justice and present CA stands disposed of accordingly. AO be fixed on 17.2.2009 for admission. Meanwhile parties to maintain status quo. (S.P. Davare,J)