Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1304 2009 IN F.A. ST. NO.6081 OF 2009 Smt. Estella A.Machado & Ors. ..Petitioners Vs. Jehangir A. Wadia & Ors. ..Respondents Mr. A.C. Singh with Mr. Amit Yadav i/b. D.R. Shah for Appellant and for Respondent Nos. 3 to 9 in Writ Petition No.2027 of 2009 Mr. Ahmed Sayed i/b. Consult Legal for respondent Nos. 1 to 4 in Appeals and for petitioner in W.P. 2027 of 2009. Mr. N.K. Mudnaney for Applicant in Civil Application No.787 of 2009 in Writ Petition No.2027 of 2009, Civil Application No.2568 of 2009 in First Appeal Stamp No.6089 of 2009 and Civil Application No.2529 of 2009 in First Appeal Stamp No. 6081 of 2009. CORAM : F.I. REBELLO & A.A. SAYED, JJ. DATED : 1st April, 2010 P.C. This matter was directed to be clubbed along with Writ Petition No.39 of 2001 (Original Side). 2. This is an application for condonation of delay by the Appellants, who have preferred First Appeal. There is a delay of 43 days in filing the Appeal. In the application it is pointed out that the applicants are illiterates and were not in a position to instruct the Advocate in the matter. They had a Constituted Attorney Mr. Prrabhakar Salian, who has been assisting the applicant in the litigation, was out of town on some urgent business purpose and was able to attend the matter only when he returned in the second week of February, 2009. After giving instructions to the Advocate and taking advise the Application had been filed. 3. Reply has been filed by Mr. Jehangir Wadia of Respondent No.1 Trust opposing condonation of delay. In so far as the averments in para.4 and 5 there is denial that the applicants are illiterates and were not in a position to instruct Advocate. That Shri Prabhakar Salian is a Builder and that he has been orchestrating a multiplicity of litigation in the name of the applicants against the Trust and that the Appeal is motivated by malafides and as such the applicants/appellants failed to make out a case of sufficient cause. The other averments are regarding various other proceedings. 4. The short question for our consideration is whether the applicants/appellants have made out sufficient cause. There is a delay of 43 days in preferring the Appeal. The very fact that the appellants have approached this Court would indicate their intention of proceeding with the matter. Apart from that it is not disputed that their interests were represented by Shri Prabhakar Salian, who it is set out, was out of town. In our opinion, considering these aspects at the highest the applicants/appellants can be saddled with costs. In the light of that delay condoned subject to the applicants/appellants paying to the respondents costs quantified at Rs. 5,000/- to be paid within four weeks from today. First Appeal stand over for four weeks. (A.A. SAYED, J.) (F.I. REBELLO,J.)