: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.897 OF 2010 IN FIRST APPEAL (ST.) NO.5878 OF 2010 Mansingh Samarbahadur Singh Thakur .. Applicant V/s. Pramod Amritlal Punjani & Ors. .. Respondents Ms. Shweta Dwivedi i/b. Pandey & Co. for the Applicant. Ms. Ashwini Singh for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 6 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay of 60 days in presenting the First Appeal. According to the applicant, he was suffering from acute backache due to a slipped disc and was, therefore, advised bed rest. A certificate of a Doctor has been annexed in support of this contention. 2. The respondent No.1 has filed an affidavit in reply contending that the delay should not be condoned as the Medical Certificate is issued by a family Doctor. : 2 : 3. After hearing the learned Advocates for the parties and on perusing the Civil Application and the affidavit filed in reply thereto, I am convinced that the applicant was unable to present the Appeal within time due to his indisposition. The Civil Application must be allowed. 4. Accordingly, the Civil Application is allowed in terms of prayer clause (a), subject to payment of costs of Rs.2,000/- to the respondents within a period of four weeks from today.