1 35-cac-153-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.153 OF 2011 IN CIVIL REVISION APPLICATION NO.1078 OF 2010 Shri Abdul Qayum s/o. Sayeed Marblewala .. Applicant. V/s. Dr. Rustom J. Patel & Others .. Respondents. Mr. Jaydeep Raut i/b. Mr. U. R. Rathtod, for the Applicant. Rumi H. Mirza, for Respondent No.3 to 6. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 The learned Advocate for Respondents states that Respondent Nos.1 and 2 who were the trustees of late F. M. Patel Agiary Charity Trust, have died. The Applicant seeks condonation of delay of 115 days in filing the Civil Revision Application. The Applicant had earlier filed W.P. No. 2 35-cac-153-2011.sxw 10409 of 1009 in the first week of December, 2009, which has been allowed to be converted into a Civil Revision Revision, by order dated 9th December, 2010 and in these circumstances, the present application for condonation of delay has been filed. The learned Advocate for Respondents opposed the Civil Application, inter alia, on the ground that the another Civil Revision Application No. 336 of 2009 filed by some other Defendants, challenging the common Judgment and Decree passed by the Trial Court and the Appellate Bench of the Court of Small Causes, has been summarily dismissed by Justice R. C. Chavan by order dated 31st August, 2010. The said order is taken on record and marked “X” for identification. However, the said aspect will have to be considered when the Civil Revision Application is to be heard for admission and that cannot be the ground for refusing to condon delay, which is properly explained in paragraphs 4 to 6 of the Civil Application. The Original Respondent Nos. 1 to 6, who were the Original Plaintiffs are served and for hearing this Civil Application, only their presence is necessary before the Court and they are duly represented by Respondent Nos.3, 6 6A and 6B. Hence, Civil Application is allowed in terms of prayer clause (a). 3 List the Civil Revision Application for admission as per C.M.I.S.Programme. (G.S.GODBOLE, J.)