* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2921 OF 2008 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 12247 OF 2008 {Bhagwan Saw Mill, Mohol V/s.Rabbe Salam Bashir Shaikh} Office Notes,Office Memoranda of Coram, apperances, Court’s order or directions and Registrar orders Court’s or Judge’s orders Mrs.Sunanda Kumbhat,adv.for appellant. Mr.Sandeep Salunkhe,adv.for respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 26TH JUNE, 2009. P.C. : 1. Heard counsel for both sides. 2. This application is taken out for condonation of delay of 384 days in filing of the First Appeal by the applicant. As per the calculation of the office, the correct period of delay * 2 * is 487 days, which is almost two years. The application is opposed by the respondent. The reason set out in para-2 of the application is that during the relevant period the applicant was not well. He also claims that because of his health problem he was unable to take immediate decision as regards filing of the appeal. Besides, he is the only member of the family who looks after the litigation relating to his family. This Civil Application neither gives particulars of the nature of ailment suffered by the applicant for such a long time nor any evidence in support thereof. 3. The learned counsel for the applicant submits that there is a Certificate issued by the Doctor which has remained to be annexed to the application. As per the Certificate, the applicant was suffering from arthritis during the relevant period. * 3 * Since, the application does not specify the nature of ailment or any other particular whatsoever in respect of the Certificate which is now referred to by the learned counsel for the appellant, the Certificate cannot be allowed to be read at all. Since, the applicant has failed to make out any case for condonation of delay, the Civil Application is dismissed. 4. With the dismissal of the Civil Application, Civil Application No.2922 of 2008 filed for stay and First Appeal (St) No.12247 of 2008 also do not survive. The same are accordingly disposed off. [JUDGE]