1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.823 OF 2007 IN SECOND APPEAL (STAMP) NO.11107 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Nikhilesh Gote i/b Uday Warunjikar for the applicant. Mr. Deepak C. Natu i/b M/s. N.Deepak & Co. for respondents. CORAM : K.K.TATED,J. DATE : 10/02/2011. PC: Heard learned counsel for parties. This civil application is preferred by the original defendant for condonation of 435 days delay in preferring second appeal against the judgment and decree dated 26th October, 2005 passed by the learned 3rd Ad-hoc Additional District Judge, Pune in Regular Civil Appeal No.841 of 2000. The learned counsel appearing on behalf of applicant submits that because of old age and illness it remain on the part of applicant to take immediate steps to prefer the present appeal. 2 The learned counsel appearing on behalf of respondent vehemently opposed the present civil application. The respondent filed their affidavit in reply dated 16th February, 2008. The learned counsel appearing on behalf of respondent submits that the reason given by the applicant about his illness and particularly of hypertension is not a ground for condonation of delay. In his reply in para 4 and 5 he referred the definition of hypertension from Taber’s Cyclopedic Medical Dictionary (Edition 17th). Considering the submissions made by the learned counsel appearing on behalf of applicant, considering the age of applicant and the averments made in civil application, civil application is allowed in terms of prayer clause (a) which reads as under: “(a) This Hon’ble Court be pleased to condone the delay in filing the above referred appeal on such terms and conditions as this Hon’ble Court may deem fit and proper.” On payment of costs of Rs.1,000/-, The cost to be deposited with the Maharashtra Legal Services Authority within two weeks from today. 3 Civil application is disposed of accordingly. (K.K.TATED,J.)