1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No. 809/2010 in L. P. A. St. No. 17459/2010 in W. P. No. 5517/2009 (D) Gaurao Bahuuddeshiya Sanstha and anr. ..vs.. Rajesh Babaji Chalakh and anr. ---------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------------- Mr. Khamborkar, Advocate for applicant. Mrs. Satpute, Advocate for respondent no.1. CORAM: S. A. BOBDE AND Mrs. V. K. TAHILRAMANI, JJ DATED : 18 th FEBRUARY, 2011 Heard. This is an application for condonation of delay of 130 days in filing the Letters Patent Appeal. It appears from the additional affidavit filed by the applicants that he was suffering from Cellulitis which is said to cause swelling of such a proportion in his limbs that he could not function. Mrs. Satpute, the learned counsel for the non applicant no.1, submits that no sufficient cause is shown for condonation of delay and there is no certificate certifying any illness during the period of limitation. However, Mr. Khamborkar, the learned counsel for the applicants, states that illness of the applicant began earlier 2 and continued even after the period of limitation as can be seen from the certificates relating to the later period. Having regard to the circumstances of the case, we consider it appropriate that the delay can be condoned subject to payment of costs in the sum of Rs. 7500/- (Rs. Seven thousand Five Hundred Only) by the applicants to the respondent no.1. Order accordingly. The application stands disposed of. JUDGE JUDGE kahale