: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1704 OF 2009 IN FIRST APPEAL ST. NO.9075 OF 2009 Bhanumati Narottamdas Sampat & Ors. ... Appellants V/s. Gordhandas Ramdas Morparia ... Respondent Mr.V.P. Sawant for Appellants Mr.Sukesh Bhandari for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: SEPTEMBER 11, 2009 P.C.: 1. The civil application has been filed for condoning the delay caused in presenting the appeal. According to the applicants, the delay is of 31 days whereas the Registry has calculated it as 24 days. The reason stated in the civil application is that the advocate appearing for the applicants before the trial Court was not willing to appear before this Court and therefore, there was a delay in engaging another advocate. Besides this, the judgment and decree had not been obtained by the advocate appearing for them in the trial Court and it was only after the new advocate was engaged that the judgment and decree was obtained. 2. The application is opposed by the respondent through his Constituted : 2 : attorney who has filed an affidavit. It is contended that the advocate for the defendants i.e. the appellants herein had stated before the Court in March 2009 that although he had applied for the judgment and decree they had not been obtained in order to challenge the order before the High Court. The learned advocate for the respondents, therefore, submits that this is a false statement made in the civil application that the advocate appearing in the lower Court had not applied for the decree. 3. Considering the statements in the civil application and the contentions of the learned advocate for the respondents, I am of the view that the delay of 24 days as calculated by the Registry can be condoned. Sufficient cause has been shown by the appellants for condoning the delay. Accordingly, the delay is condoned subject to payment of costs of Rs.1,000/- to the respondents within two weeks from today. If the costs are paid, list the Appeal for admission thereafter. 4. Civil application is disposed of accordingly.