:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2894 OF 2007 OF MOTION NO.2894 OF 2007 OF MOTION NO.2894 OF 2007 IN IN IN APPEAL APPEAL APPEAL (L) NO.477 OF 2007 (L) NO.477 OF 2007 (L) NO.477 OF 2007 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.58 OF 2007 FOR JUDGMENT NO.58 OF 2007 FOR JUDGMENT NO.58 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.2999 OF 2006 SUIT NO.2999 OF 2006 SUIT NO.2999 OF 2006 Atma Prasad Pandey ..Appellant Vs. Kedar Pandey & Ors. ..Respondents None for the Appellant. Mr.Chetan Chothani i/b.Mr.M.S.Prasad for Respondent Nos.1 to 4. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 23RD NOVEMBER,2007 : 23RD NOVEMBER,2007 : 23RD NOVEMBER,2007 P.C. P.C. P.C. . None appears for the Appellant. Heard the learned Counsel for the Respondents. Perused the Notice of Motion and affidavit-in-support thereof as well as affidavit of service dated 21st September,2007. By this Notice of Motion, the Appellant is seeking condonation of 5 days delay in filing the above Appeal. For the reasons stated therein sufficient cause is made out for condoning the delay in filing the above Appeal. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)