1201cas770.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NO. 770 OF 2009 IN SECOND APPEAL ST. NO. 10693 OF 2009 (Pravin Diwakar Channawar Vs. Vistarbai Vitthal Chandawar & 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. V. N. Morande, Advocate for the appellant. Mr. V. R. Mundra, Advocate for respondent No.1. C ORAM : F. M. REIS, J. DATED : 12th January, 2010. Heard learned Counsel for the appellant-applicant and respondent No. 1. Respondent No. 2 is absent, though served. This is an application for condonation of delay of 689 days in filing the second appeal. The main ground for condoning the delay is that on account of medical problem the appellant lost his capacity of taking decision and with the result he has suffered heavy loss in business which disturbed him and as such the applicant could not take necessary steps regarding the impugned judgment and decree. The said application is supported by medical certificate to the effect that the applicant was suffering from chronic dysentery with anemia with hepatitis and anxiety with depression since 12/01/2007 to 05/7/2009 and was advised to take rest during the said period. The learned Counsel for the respondent opposed the 1201cas770.09.odt 2/2 application for grant of condonation of delay. Considering the facts and circumstances of the case and in view of the fact of illness claimed by the appellant which is corroborated by the medical certificate, I have no reason to disbelieve the reasons given by the applicant and hence the application for condonation of delay deserves to be granted subject to payment of costs. In view of the above, delay of 689 days in filing the second appeal is condoned subject to payment of costs of Rs. 2,000/- (rupees two thousand only) to respondent No. 1 within a period of two weeks from today. Place the matter for admission on 02/02/2010. The application is disposed of accordingly. JUDGE wwl