1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.357 OF 2009 IN APPEAL FROM ORDER (ST) NO.5529 OF 2009 Savjibai Jivrajbhai Kakadiya & anr. ..Applicants V/s Omprakash Banwarilal Gupta & ors ..Respondents Ms.Sumedha Rao, Advocate, for the applicants Mr.R.C.Kaushik, Advocate, for the respondent Nos.1 & 2 CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the aplicant prays for condonation of delay of 40 days in filing the appeal. The reason why the delay has occurred is mentioned in para 1 of the Civil Application. It is submitted on behalf of the applicants that they had gone out of Bombay and some time was also lost in obtaining a certified copy. 2 2. It is contended on behalf of the respondents that the delay has not been properly explained. 3. Considering the fact that the delay is of 40 days as also considering the reason mentioned in para 1 of the above Civil Application, in my view, the delay is required to be condoned. Civil Application is, therefore, allowed in terms of prayer clause (a). Civil Application is accordingly disposed of. The applicants to pay costs of Rs.500/- to the respondents. List the appeal for admission on 24th March, 2009. (R.M.SAVANT, J.)