ash 1 caf-4798.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO. 4798 OF 2009 IN FIRST APPEAL ST. NO. 28821 OF 2009 Shri Chandrakant Tukaram Mahadik. .. Applicant. Vs Shri Pandurang D. Lande & Others. .. Respondents -- Shri A.S. Lambhate i/by Shri V.S. Paradkar for the Applicant. Shri P.S. Sarwankar i/by Shri G.S. Bhatt for Respondent Nos.1 to 7. -- CORAM ; A.S. OKA, J DATED : 24TH MARCH, 2011 ORAL JUDGMENT: . This is an application for condonation of delay of 7 years and 101 days in preferring an appeal. Learned counsel appearing for the Applicant invited attention of the Court to the annexures to the application which according to him show that from June, 2001 onwards, the Applicant was continuously under medical treatment. He pointed out that as the Applicant was continuously under medical treatment, he could not attend the Trial Court, as a result of which, an ex parte decree was passed on 29th June, 2002. He submitted that in view of the averments made in the application and the medical certificates attached to the application, a liberal view may be taken and delay may be condoned. ash 2 caf-4798.09 2. Perusal of the annexures to the application shows that the first document is OPD summary of 8th May, 2001. The said summary does not record any serious ailment. It merely records that there were episodes of giddiness. All the subsequent events and documents are from January, 2006 onwards. 3. The impugned decree was passed on 29th June, 2002. The order dated 12th October, 2009 passed by this Court in Appeal from Order No. 1052 of 2009 shows that the Applicant has made an application under Rule 13 of Order IX of the Code of Civil Procedure, 1908 for setting aside the decree. The said application was rejected by the Trial Court on the ground that there was no explanation for delay of six years in filing the said application. The order of Trial Court has been confirmed by the aforesaid order of this Court dated 12th October, 2009. Thereafter, present Appeal against the decree has been filed in December, 2009. In the circumstances, there is no sufficient cause made out for condonation of gross delay of 7 years and 101 days. Accordingly, the Application is dismissed. 4. Civil Application No. 4799 of 2009 does not survive and the same is dismissed. 5. As the Appeal is not registered, the Appellant will be entitled to refund of Court fee as per rules. ( A.S. OKA, J )