1 909 cas 955.08.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.955 OF 2008 IN SECOND APPEAL (STAMP) NO. 9675 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Shriram Chaudhary for applicant. Mr.Mahesh Rawool i/b Mr.P.B.Shah for respondent nos.1 to 9. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard the learned counsel for parties. 2 This civil application is preferred by original defendant for condonation of 112 days delay in preferring the second appeal against judgment and decree dated 29th August, 2007 passed by appellate court in Regular Civil Appeal no.423 of 1998. The learned counsel appearing on behalf of applicant submits that the applicant is senior citizen. Because of his ill-health it remain on his 2 909 cas 955.08.doc part to take immediate steps for preferring the second appeal. 3 The learned counsel appearing on behalf of respondent vehemently opposed this civil application. The respondent filed their affidavit in reply dated 13th October, 2008. The learned counsel appearing on behalf of respondents submits that the applicant failed to file any doctor certificate in support of his contention in civil application. 4 Considering the submission made by the learned counsel appearing on behalf of applicant and the averments made in civil application, civil application is allowed in terms of prayer clause (a) which reads as under: “a) The delay of 112 days in filing the aforesaid Second Appeal be condoned, in the interest of justice.” 5 Civil application is disposed of accordingly. (K.K.TATED,J.)