: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.122 OF 2009 IN CIVIL REVISION APPLICATION (ST.) NO.4857 OF 2009 Bhogilal Ratilal Shah .. Applicant V/s. Hasmukhlal Chunilal .. Respondent Mr. Piyush Shah for the Applicant. Respondent present in person. CORAM : SMT. NISHITA MHATRE, J. DATED : 15 TH JANUARY, 2010. P.C.: 1. The Civil Application has been filed for condoning the delay in preferring the Civil Revision Application. The delay is of 44 days. The applicant has stated that the delay has occurred because he was unable to get an Advocate to appear for him or advise him properly. This application has been opposed by the respondent by contending that the reason given by the applicant is unbelievable since it is not possible to accept that the applicant would not be able to get the services of an Advocate in the City of Mumbai. : 2 : 2. Considering the contents of the Civil Application and the affidavit as well as the arguments of the parties, in my opinion, the delay needs to be condoned since it is of 44 days. However, the delay may be condoned on payment of costs. 3. Accordingly, the Civil Application is allowed on payment of costs of Rs.5,000/- to the respondent within a period of two weeks from today. 4. If the costs are paid within the stipulated time, place the Civil Revision Application on Board for admission on 18th February, 2010. .......