1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2366 OF 2009 IN APPEAL (L) NO. 310 OF 2009 IN CHAMBER SUMMONS NO. 830 OF 2008 IN SUIT NO. 4065 OF 1993 1. Rohinton Jamshetji Turel and anr. .. Appellants Vs. 1. Mr. Pallonji Shapoorji Mistry and ors. .. Respondents Mr. Parways D. Bhumgar for appellants. Mr.Vishal Kanade i/by Desai & Diwanji for respondents. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 11, 2010. P.C. We have heard Mr. Bhumgar the learned counsel for the appellants. Mr. Kanade appears for the respondent-Trust, which is the original plaintiff in Suit No. 4065 of 1993. Affidavit-in-reply by Shri K.B. Captain in his capacity as the Constituted Attorney has been filed to oppose this Motion for condonation of delay. 2 In Suit No. 4065 of 1993, Chamber Summons No. 830 of 2008 was taken out by the plaintiff seeking leave to amend the plaint so as to implead the trustees as plaintiffs in accordance with schedule “A” annexed to the Chamber Summons and the said Chamber Summons has been allowed by the impugned order dated 11/12/2008 and by relying upon the earlier order passed on 3/12/2008 in Chamber Summons No. 463 of 2008 filed in Suit No. 154 of 1994 by the very same plaintiff. The appeal has been filed belatedly and hence this Notice of Motion for condonation of delay of 76 days. It has been pointed out in the affidavit filed by the appellant no.1 that they have been occupying the suit premises for a very long time along with other tenants and there is no other roof over their head in Mumbai. They are senior citizens and the affiant’s sister Mrs. Freany Keki Cooper was ailing from December, 2008 and she passed away on 13/6/2009 at Surat. The affiant was required to attend to her and, therefore, he could not file the appeal in time. We have perused the affidavit-in-reply filed by Shri Captain and we are satisfied that the delay caused deserves to be condoned subject to levying costs. 3 Hence, the Notice of Motion is allowed in terms of prayer clause (a) subject to the appellants paying, by way of costs, an amount of Rs.2000/- to the plaintiff-Trust within a period of two weeks from today. List the appeal for admission on 27/01/2010. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)