3 CA 13454.2010 in FA St. 7060.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13454 OF 2010 IN FIRST APPEAL STAMP NO. 7060 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.K.Adkine,Asstt.Govt. Pleader for State. Mr.K.M.Nagarkar, Advocate for the respondent. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 06/04/2011 PER COURT : 1. This is an application for condonation of delay in filing the First Appeal. Mr. Adkine, the learned counsel contends that the applicant is old lady aged 73 years staying at Parbhani and she was not well. Earlier she was advised to file Appeal before the District Court, Parbhani, but the said Appeal was not registered. It was beyond the jurisdiction of the District Court and thereafter the same was returned back. The delay is also caused due to the fact that the physical condition of the applicant was not well, so also on the advise the Appeal was initially filed before the District Court, 3 CA 13454.2010 in FA St. 7060.2010 Parbhani. The learned counsel contends that the Appeal involves invaluable rights of the applicant in an immovable property. 2. Mr. Nagarkar, the learned counsel vehemently opposed the application on the ground that no sufficient cause is stated. No document is filed to substantiate the contention made by the applicant. As such, the delay may not be condoned. In fact, the appellant is harassing the respondent. 3. The expression “ sufficient cause ” has to be construed liberally. The applicant is a senior citizen aged 73 years. The said factor can be taken into consideration. The applicant is required to travel all the way from Parbhani to Aurangabad to file the present Appeal. More over, under wrong advise, initially the Appeal was filed in the District Court, Parbhani and thereafter when it was not registered, then the present Appeal was filed at Aurangabad. As such, the delay was caused. However, the respondent also needs to be compensated, who has engaged Advocate. 4. In the result, the Civil Application is allowed. The delay is condoned on condition that the applicant pays costs of Rs. 3,000/- (Rupees 3 CA 13454.2010 in FA St. 7060.2010 Three Thousand only ) to the non applicant no. 3. The Civil Application is accordingly disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 13454.2010 in FA St. 7060.2010