1 5-cac-238-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.238 OF 2009 IN CIVIL REVISION APPLICATION (ST)NO.20765 OF 2009 WITH CIVIL APPLICATION (ST)NO.20770 OF 2009 IN CIVIL REVISION APPLICATION (ST)NO.20765 OF 2009 Shri Vijay G. Chindarkar .. Applicant V/s. Shri Yeshwant H. Kambli & Others .. Respondents. None for the Applicant. Mr. R. S. Datar, for the Respondents. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 This Civil Application is filed for condonation of delay in filing Civil Revision Application against the decree of eviction passed by the Appellate Bench of the Small Causes Court on 10th March, 2006. The said decree was passed by the Appellate Court by reversing the judgment of the Trial Court, dismissing the suit. The Civil Application is filed by the son of 2 5-cac-238-2009.sxw the original Defendant who states that the original Defendant died some time in the year 2008 and the Applicant was not looking after the litigation. Affidavit in reply has been filed by the Respondents, opposing condonation of delay, mentioning that the delay has not been properly explained. 2 The record shows that competent authority has granted permission under section 22(2) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment), Act, 1971 and the said order was unsuccessfully challenged before the Divisional Commissioner. The learned Advocate for Respondents states that companion proceedings are pending. 3 However, considering the fact that the suit premises are a small premises in a Chawl, situated on the land which has already been declared as slum and considering the fact that the original tenant had died, in the interest of justice and accepting the explanation indicated in the paragraphs 2 and 3 of the Civil Application, the delay in filing Civil Application is condoned, subject to payment of costs of Rs.5,000/-. 4 The costs should be paid to the Advocate for the Respondents or to be deposited in the Court within three weeks from today. Civil Application shall be numbered only after deposit/ payment of said costs. 3 5-cac-238-2009.sxw 5 Needless to state that condonation of delay will not amount to grant of leave to file Civil Revision Application since the Applicant was not party to the proceedings in the Court below and the father of the Applicant was original Defendant, who is stated to have died. The Applicant will be at liberty to file a separate Civil Application for such relief and after said application is filed, same may be listed along with the Civil Revision Application to be listed for admission after payment of the costs/ deposit of costs as aforesaid. (G.S.GODBOLE, J.)