IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5091 OF 2005 IN FIRST APPEAL NO.7867 OF 2005 Haji Vakil A.Rehman & Anr. )..Applicants Versus Abdul Karim & Ors. )..Respondents ---- Mr.Suresh Gole for the applicants. Mr.Sayyed Akhtar for respondent nos.1 to 3. ---- Coram : R.S.Mohite,J Date : 11.11.2008. PC 1. This is an application for condonation of delay in filing of the First Appeal. When the application was filed, delay was wrongly calculated by the Advocate. In due course, in pursuance of leave to amend, it was corrected to 47 days. The application indicates that the judgment was delivered in open Court on 15.10.2004 and the application for certified copy was made on 17.11.2004 i.e. 2 days after the limitation period has been expired. Certified copy was furnished on 7.2.2005 and the present appeal came to be filed on 16.3.2005 alongwith an application for condonation of delay. It is mentioned in the application that when the appeal was filed, decree was not ready. Copy of the : 2 : decree was also applied for on 17.11.2004. The decree was filed after it was received. According to the office, the decree is filed and the delay as calculated by taking into account the date of filing of the decree is 239 days. It appears that delay is not caused deliberately. In these circumstances, in the interest of justice, for the reasons mentioned in the application, which are accepted, Civil application is allowed in terms of prayer clause-(a) subject to payment of cost of Rs.5000/- which shall be paid to the Advocate for the respondent nos.1 to 3 who will accept the amount on behalf of respondent nos.1 to 3. The cost to be paid within a period of two weeks from today. Civil Application stands disposed off. Delay stands condoned. Office to number the First Appeal and place the same for admission on 1.12.2008. (R.S.Mohite,J)