:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1981 OF 2007 Hari Ramji Thakare ...Petitioner Versus Taramati Harishchandra Sarekar and Anr. ....Respondents Mr.R.S.Datar, Adv. for the petitioners. Mr.M.D.Modgi h/f. Mr.S.M.Oak Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 30TH JANUARY, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition is directed against an order passed on 27.9.2006 by the Additional District Judge, Raigad, Alibaug in Civil Misc.Application No. 62 of 2003. 2. That application was preferred to condone the delay in filing an Appeal to challenge the judgment and decree of the Trial Court in Reg.Civil Suit No. 35 of 1995 dated 30.4.2003. :2: :2: :2: 3. There was about 44 days delay in filing of this Regular Civil Appeal. The petitioner/original appellant has filed an Affidavit pointing out that the decree was passed on 30.4.2003. The Appeal ought to have been filed on 9.6.2003, after summer vacations. However the petitioner-appellant was ill. He was suffering from jaundice and that is how he could not obtain the copies and file the Appeal in time. There is nothing on record to dispute or disbelieve this version. The same is on record from 22.7.2003. There is no reply filed nor is the lower Appellate Court disbelieving this version. 4. In such circumstances, the order under challenge cannot be sustained. It is accordingly quashed and set aside. The delay of 44 days in filing the Appeal is condoned. However, there shall be a direction to pay costs quantified at Rs.1500/-, which shall be paid to the original plaintiffs in the Trial court. Cost to be paid within four weeks. If the costs are tendered and proof is produced, the lower Appellate Court to restore the Appeal on its file and dispose it off on merits and in accordance with law. Petition allowed accordingly. :3: :3: :3: sd/- ******