jpc 1 wp-9812-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9812 OF 2011 Smt. Khashibai Bhagwan Pawar ... Petitioner Versus Yashodabai Ramchandra Sanas and others ... Respondents Mr. A. B. Kadam, for the petitioner CORAM: R. M. SAVANT, J. DATED : 16th December, 2011 P.C. : 1. The above petition takes exception to the order dated 30th July, 2009 passed by the learned District Judge-1, Baramati, by which order the application for condonation of delay in filing the appeal came to be rejected. 2. The applicant is the original plaintiff in Regular Civil Suit No. 171 of 1993 which came to be dismissed by the judgment and order dated 17th March, 1998. Aggrieved by the said decree, the Petitioner/plaintiff filed an Appeal in the District Court. In view of the fact that the said appeal was belated, the petitioner filed an application for condonation of delay and in the said application it was stated that she is an old aged person and on account of her illness, she could not take steps to file the appeal in time. The petitioner relied upon the medical certificates in support of her case of illness. The trial Court considered the grounds set out in the application for condonation of delay and by the jpc 2 wp-9812-11.sxw impugned order has rejected the same. The trial court has observed that the petitioner had previously also filed an application for condonation of delay which was dismissed for non prosecution as the process fees were not paid and thereafter the instant application was filed on 22th June, 2000 which was belated by 709 days. The trial court considered the case of the petitioner that she was continuously ill till the year 1995 however, on consideration of medical certificates, the trial Court was of the view that it could not be accepted that she was continuously ill up to the year 1999 as the said certificate discloses that she was alright after 15th February, 1999. In view of the fact that there was no satisfactory exhalation for the huge delay of 709 days, the trial court did not deem it fit to condone the said delay of 709 days. 3. The facts disclose that there is negligence and indolence on the part of the petitioner which has resulted in the said delay of 709 days. The grounds set out in the application for condonation of delay in my view do not constitute sufficient cause, for condonation of the said huge delay of 709 days. The decree of dismissal of the suit is of the year 1998, in respect of which the petitioner wants to file an Appeal. In my view, therefore, no exception could be taken to the order dated 30th July, 2009. The Writ petition is accordingly dismissed. (R. M. SAVANT, J.)