:1: 929.cas.270.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.270 OF 2011 IN SECOND APPEAL(ST)NO.3270 OF 2011 Mohan Vithu Jagtap ..Applicant Vs. Hirabai Parshuram Salunkhe ..Respondent Mr. Uday P. Warunjikar, for Applicant. Mr. Pritish Bohade i/b Dilip Bodake,for Respondent No.1 CORAM :- RANJIT MORE, J. DATE :- AUGUST 10, 2011 P. C. Heard Learned Counsel for the respective parties. The Civil Application is taken out for condonation of delay of 277 days occurred in filing the above said Second Appeal. The impugned judgment and decree was passed on 21th January, 2010. The Applicant initially applied for certified copy of the impugned judgment and decree on the same day and he received certified copy thereof on 17th February, 2010. 2 It is the case of the Applicant that certified copy of the impugned judgment and decree and papers were lost / became non-traceable. Therefore, fresh application was preferred for certified copy on :2: 929.cas.270.11 07.10.2010. The fresh certified copy was issued on 15.10.2010 and thereafter, the aforesaid Second Appeal was filed on 04.02.2011 In the above circumstances,it is submitted that the delay deserves to be condoned. 3 The Learned Counsel for the Respondent has contested the application. He denied the averments made in the Civil Application. The Respondent submits that the delay is not properly explained. 4 Both the Applicant and Respondent are above 80 years of age. In paragraph Nos. 6 and 7 of the Civil Application, the Applicant on oath made a specific statement that certified copy initially obtained, alongwith other papers was lost. The application is however, silent about the date on which the certified copy and other papers were lost. However, it is the Applicant’s contention that a fresh application was made on 07.10.2010 for certified copy of the impugned judgment and decree and thereafter a fresh certified copy was obtained by the applicant on 15.10.2010. This contention of the applicant is supported by the certified copy itself. Taking all the facts and circumstances of the case into consideration, I am of the view that the application for condonation of delay deserves to be granted by directing the applicant to compensate the respondent by paying him cost of Rs.1500/-. :3: 929.cas.270.11 5 The Civil Application is accordingly disposed of by passing the following order. ORDER i) The delay of 277 days occurred in filing the aforesaid Second Appeal is condoned, subject to payment of cost of Rs.1,500/- to be paid to the Respondent within a period of two weeks from today. ii) Civil Application stands disposed of. (RANJIT MORE , J.)