: 1 : 3423-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3428 OF 2011 IN FIRST APPEAL (ST) NO. 20981 OF 2011 WITH CIVIL APPLICATION NO. 3963 OF 2011 IN FIRST APPEAL (ST) NO. 20981 OF 2011 IN S.C. SUIT NO. 84 OF 2008 Mrs. Archana Harischandra Patekar .. Appellant v/s. Sanjeev Madhav Joshi & Ors. .. Respondents ......... Mr. Mohit Jadhav for the appellant Ms. Alpa Javeri for the respondents ......... CORAM : A.V. NIRGUDE, J DATE : 23rd NOVEMBER,2011. P.C. : 1. Heard. The application seeks condonation of delay of 239 days in filing of the First Appeal. Respondent no.1 is the contesting respondent. The other respondents are not served but notice to them is dispensed with because they are apparently supporting the appellant. The respondent no. : 2 : 3423-11-caf=.sxw 1 opposed the application saying that the ground mentioned in the application is false. The appellant stated that she was not keeping good health as she was suffering from heart decease and so she could not come to this Court within limitation. The appellant’s case is supported by the Medical Certificate. In view of this, I am rather inclined to believe the case of the appellant and inclined to condone the delay on payment of certain costs to the respondent. 2. The application is allowed on payment of costs of Rs.1,000/-. Delay stands condoned subject to appellant to pay the costs of Rs.1,000/- to the respondents. Civil Application No. 3963 of 2011 1. This application seeks stay to the execution of the impugned decree. The decree is for specific performance. In view of the earlier order passed by this Court, the respondent original plaintiff has deposited entire consideration of the suit transaction in the lower Court and the same is already invested in a nationalized bank. : 3 : 3423-11-caf=.sxw 2. In view of this, stay to the execution of the decree deserves to be granted on condition that the appellant and the respondent nos. 2 to 4 shall give an undertaking to this Court that they will not alienate or deal with suit property and / or create third party interest pending the disposal of the appeal. Application stands disposed of. (A.V. NIRGUDE, J.)