1 caf1378-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1378 OF 2009 IN FIRST APPEAL ST.NO.6235 OF 2009 Swapnil Ishwarlal Shah .. Applicant Vs. Manikchand Shankarlal Shah and Anr. .. Respondents Ms.Gunjan Shah i/b Mr.P.B.Shah for the applicant Mr.Mangesh Joshi i/b Mr.Niranjan P. Shimpi for respondent nos.1 and 2 CORAM: K.K. TATED, J. DATE: 28TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This Civil Application is preferred by original defendant for condonation of delay in filing appeal against judgment and decree dt.23.10.08 in Special Civil Suit No.126 of 2005. 3. The learned counsel for the applicant submits that because of illness of the applicant s wife, it remained on his part to take immediate steps for ’ filing the present appeal. 2 caf1378-09 4. The learned counsel for the respondents vehemently opposed the present Civil Application on the ground that applicant failed to show sufficient cause for condonation of delay. 5. Considering the averments made in Civil Application and the submissions made by the learned counsel for the applicant, delay of 40 days in preferring the appeal is condoned. 6. Civil Application is disposed of accordingly. (K.K. TATED, J.)