-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 648 OF 2010 IN APPEAL NO. 127 OF 2010 IN SUIT NO. 601 OF 2005 Yeshwant W. Patil. ..Appellant. Versus Vimal Bhaskar Karkera. ..Respondent. Mr. Virag V. Tulzapurkar, sr. advocate i/b M/s. Shelke & Co., for the appellant. Mr. S. G. Deshmukh with Mr. M. S. Kuntekar & Mr. S. S. Kudalkar for the respondent. Coram : F.. I. REBELLO & R. V. MORE, J. Date : June 22, 2010. P. C. : 1. The appellant herein is a person aged about 82 years who was defendant in the suit filed by the respondent. The suit by the respondent is that he is owner by adverse possession. The appellant had engaged a lawyer. According to the appellant, due to his old age and ill health it was not possible for him to attend the Court and he was surprised on 20th August 2009 when the chamber summons amounting to ex-parte decree dated 20th September 2008 was served upon him. He has shown cause why the delay should be condoned. srp -: 2 :- 2. On the other hand, on behalf of the respondent a reply has been filed by Vimal Bhaskar Karkera opposing the condonation of delay. It is set out that subsequent to the decree, proceedings have been taken for effecting the changes in the revenue records and in these proceedings the appellant had filed objections on 2nd February 2009. It is, therefore, submitted that if the submission of the appellant that he came to know about the ex-parte decree only on 20th August 2009, it is contrary to the record and for these reasons the delay ought not to be condoned. 3. Considering that the person is aged 82 years, in our opinion, the ends of justice will be met if the delay is condoned. Considering the respondent is aged person, it would be appropriate to saddle the appellant with cost. In the light of that, following order. Notice of Motion is made absolute in terms of prayer clause (a). Appellant to pay cost quantified at Rs.5,000/- in favour of the respondent. Delay is condoned. (R.V. MORE, J.) (F. I. REBELLO, J.) -: 3 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 127 OF 2010 IN SUIT NO. 601 OF 2005 Yeshwant W. Patil. ..Appellant. Versus Vimal Bhaskar Karkera. ..Respondent. Mr. Virag V. Tulzapurkar, Sr. advocate i/b M/s. Shelke & Co., for the appellant. Mr. S. G. Deshmukh with Mr. M. S. Kuntekar & Mr. S. S. Kudalkar for the respondent. Coram : F.. I. REBELLO & R. V. MORE, J. Date : June 22, 2010. P. C. : 1. Place for hearing and final disposal of on 29th June 2010. (R.V. MORE, J.) (F. I. REBELLO, J.)