1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 3218 OF 2009 IN FIRST APPEAL ST. NO. 19849 OF 2009 Daulat Ganpatrao Kaikade Vs. Joti wd/o Shankarlal Shukla & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri S. K. Pardhy Adv for applicant. Shri R. D. Bhuibhar Adv for respondents. CORAM: F. M. REIS J. Dated: 18 th JANUARY, 2010. Heard learned counsel for the applicant and the respondents. This is an application for condonation of delay of 93 days in filing First Appeal challenging the judgment and decree for partition and possession passed against the appellant. The main ground for condoning the delay is on account of old age of the applicant who is stated to be 69 years old and is suffering from paralysis. A Medical Certificate to that effect has been produced by 2 the applicant. Learned counsel for the respondent No. 1 opposes the prayer of the applicant. In the facts and circumstances of the case and considering the old age of the applicant and that he was sick which is corroborated by the Medical Certificate I find that applicant has made out the case to condone the delay in preferring the appeal. Hence the delay in filing the appeal is condoned with no order as to costs. Applicant stands disposed of accordingly. JUDGE svk 3 4 5