ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6577 OF 2008 PETITION NO.6577 OF 2008 PETITION NO.6577 OF 2008 Suresh Prabhakar Dhamankar (Dahiwal) ...Petitioner Vs. Subhash Gautamchand Vora & Ors. ...Respondents. Mr.R.S.Patil for the Petitioner. Mr.S.S.Shah for Respondent Nos.1 to 3. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 01st October, 2008. : 01st October, 2008. : 01st October, 2008. P.C. P.C. P.C. . The Petitioner has challenged the impugned order whereby his application for condonation of delay in filing the Appeal was dismissed. The delay is of 87 days. That resulted into dismissal of his appeal itself. The Petitioner is a plaintiff in the suit. By Judgment and Decree dated 25/04/2007 the suit of the Petitioner-Plaintiff was dismissed and the counterclaim was partly allowed. On 26/04/2007 the advocate of the Petitioner-plaintiff applied for certified copy. On 24/07/2007 the Petitioner-Plaintiff met with an accident and was admitted in the Hospital. The Petitioner-Plaintiff was operated on 25/07/2008 for fracture distal end ( 2 ) radius on right side hand. and he was discharged on 26/07/2008. During this period the Application for certified copy as filed by the Petitioner was dismissed for non-payment of requisite charges. The Petitioner came to know about the dismissal of the same on 06/08/2007. The Petitioner applied again for certified copy on 17/08/2007 and got the certified copy of order dated 25/04/2007. On 20th August, 2007, the Petitioner filed an Appeal alongwith the Application for condonation of delay which was rejected. 2. Considering the above facts and circumstances and as the sufficient case is made out and as the delay was not caused intentionally, I am inclined to grant this Application. The delay is condoned. The Writ Petition is accordingly allowed. However, this is subject to costs of Rs.3,000/- (Rupees Three thousand only) to be paid to the Respondents within a period of two weeks. 3. The Petition is, accordingly, allowed in terms of prayer clause (b). ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)