( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ CIVIL APPLICATION NO.315 OF 2009 CIVIL APPLICATION NO.315 OF 2009 CIVIL APPLICATION NO.315 OF 2009 IN IN IN FIRST APPEAL (ST.) NO.1222 OF 2009 FIRST APPEAL (ST.) NO.1222 OF 2009 FIRST APPEAL (ST.) NO.1222 OF 2009 Anita Rajgopal Sarda & Ors. ..Applicants V/s. Shri Shivajirao Bhiru Mane (Patil) and Anr. ..Respondents ...... Mr. S.G. Thorat for the applicants (appellants) Mr. Manoj Kadam i/by Mr. Pratap Patil for respondent No.1 None for respondent No.2. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 22nd April, 2009 DATED : 22nd April, 2009 DATED : 22nd April, 2009 P.C.: P.C.: P.C.: 1. Learned advocate appearing on behalf of respondent No.1 appears pursuant to service of the Civil Application upon respondent No.1. No affidavit in reply is filed by respondent No.1 opposing the Civil Application. 2. I have heard learned advocates on both the sides. There is a delay of 139 days in filing the present appeal. Paragraph 7 of the civil application in detail shows as to why there was a delay in its execution of this appeal. After having considered the case of the appellants in the light of the averments in paragraph 7, I am inclined to observe that a case ( 2 ) is made out for condonation of delay. The objection raised by learned advocate for respondent No.1 for opposing the delay cannot be considered in the light of what is stated in paragraph 7. Hence, the following order. ORDER ORDER ORDER . Rule is made absolute in terms of prayer clause (a). . There shall be no order as to costs. Delay is condoned. Office to process the appeal and number it, if all objections are removed. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)