spb/- 1 ca666-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 666 OF 2010 IN CIVIL REVISION APPLICATION (ST.)NO. 26904 OF 2010 Mrs. Mehboob Bano wd/o Iqbal Ahmed & Ors. ... Applicants.. V/s. Mr. Naib Habibulla . ... Respondents. --- Mr. R.R.Bhonale for the Applicants. ----- CORAM : D. G. KARNIK, J. DATE : 24th JANUARY, 2011. P.C. 1 This is an application for condonation of delay of over one year in filing of the civil revision application. The learned counsel appearing for the applicants submitted that the revision applicants had initially filed a writ petition which was withdrawn with liberty to file the revision application and this is one of the reasons of the delay. In my view the reason has no merit because the impugned order was passed by the Appellate Bench of the Small Causes Court on 21st April, 2009 and the writ petition was filed on 24th September, 2010. That means the writ petition itself was filed after one year and five months. Therefore, the ground that initially a writ petition was filed which was subsequently withdrawn with liberty to file the civil revision application cannot be a ground for the condonation of delay. spb/- 2 ca666-10.sxw 2 Learned counsel for the applicants further submitted that because of an eye operation, the revision applicant was indisposed and therefore, revision application could not be filed in time. No details are given as to when the eye operation was performed and when the petitioner applicant recovered from the eye operation. In the absence of any details, the submission of the learned counsel for the applicants that the delay was caused because of eye operation of the applicant cannot be accepted. 3 The civil application for condonation of delay in filing the civil revision application is rejected. [D.G. KARNIK, J.]