1 934 caf 1253.10.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1253 OF 2010 IN FIRST APPEAL (STAMP) NO. 24030 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Prashant More for applicant. Mr.Tejas Dande for respondent nos.1 to 4. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard learned counsel for parties. 2 This civil application is preferred by original defendant no.1 for condonation of 22 days delay in preferring the first appeal against the judgment and decree passed in Special Civil Suit No.544 of 1990. 3 The learned counsel appearing on behalf of applicant submits that as the applicant was not keeping well, it remain on their part to take immediate steps for preferring the appeal. He relies on the certificate issued by Dr. Sadanand B. Adyanthaya. 2 934 caf 1253.10.doc 4 The learned counsel appearing on behalf of respondent opposed the civil application on the ground that applicant failed to disclose the sufficient cause for condonation of delay. 5 Considering the submissions made by the learned counsel appearing on behalf of applicant, the averments made in the civil application and considering the certificate issued by Dr.Sadanand B.Adyanthaya, civil application is allowed in terms of prayer clause (A) which reads as under: “A) By an order of this court the delay of 22 days in filing the First Appeal be condoned.” 6 Civil application is disposed of accordingly. (K.K.TATED,J.)