1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION NO. 3091 OF 2009 IN FIRST APPEAL (St.) NO. 18585 OF 2009 (Smt. Rama W/o Liladhar Wasnik and another ..vs. Sindhu W/o Shital Bhagat and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mrs. Ira Khisti, Advocate for Appellants-applicants C ORAM : F. M. REIS, J. DATED : 11th JANUARY, 2010. Heard learned counsel for the appellants- applicants. None for the respondents, though served. This is an application for condonation of delay of 45 days in filing the First Appeal. The main ground for condonation of delay is that the applicant has misconstrued the impugned judgment and thereafter was ill and suffered from Infective Hepatitis. A medical certificate to that effect has also been produced by the applicant. In the facts and circumstances of the case and perusal of the record, I find that there are no allegations of any malafide on the part of applicant in 2 filing the present appeal belatedly. The respondents, though served, chose to remain absent, nor filed any reply to the application for condonation of delay. As such, the contentions of the applicant remained uncontroverted. In view of above, the delay of 45 days in filing the First Appeal is condoned. Registry to register the First Appeal. Civil Application is allowed and disposed of accordingly with no order as to costs. JUDGE. Diwale