1 caf4801-09 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 4801 OF 2009 IN FIRST APPEAL ST. NO. 25709 OF 2009 Rajaram G. Kadge .. Applicant V/s. Jawahar Tricamdas Kapadia & Ors. .. Respondents ..... Mr. Vishwanath Talkute for the applicant. Mr. S. W. Kulkani for respondent Nos. 1 to 5. Ms. Shakuntalal A. Mudbidri for respondent No.6. ..... CORAM : A.S.OKA, J. DATE : AUGUST 3, 2011. P.C.: Heard the learned counsel appearing for the applicant. Prayer is for condonation of delay of more than five years. The impugned decree was passed on 17th April, 2004. Application for certified copy of the impugned Judgment and decree was made by the applicant on 25th September, 2009. Thereafter, the Appeal has been preferred on 16th October, 2009. 2. The learned counsel appearing for the applicant submitted that there was a decree passed by the Court of Small Causes confirmed in Appeal in favour of the applicant. He submitted that the applicant was initially advised that the impugned 2 caf4801-09 judgment and decree passed by the City Civil Court, Bombay is without jurisdiction and therefore, the same can be ignored being null and void. On the basis of the said advice, the applicant did not prefer an Appeal. He pointed out that on the basis of the impugned decree, the Municipal Corporation granted alternative accommodation to the respondent No.6 and, therefore, the applicant was advised to file an Appeal against the impugned Judgment and decree. It is stated that the Deputy Law Officer of the Municipal Corporation by order dated 4th April, 2009 agreed to grant permanent alternative accommodation to the respondent No.6. 3. After hearing the learned counsel appearing for the parties and after perusing the application, I find that there is hardly any explanation for such a long delay of five years. The applicant was very well aware about the impugned decree. The applicant has not disclosed in the application as to when he was advised not to prefer an Appeal. The applicant has not disclosed the name of the person who advised him not to prefer an Appeal. Moreover, the order of allotment was made by the Municipal Corporation on 4th April, 2009. The application for certified copy of the impugned Judgment and decree was made five months thereafter on 25th September, 2009. Even, this delay of about five months has not been explained. 3 caf4801-09 4. Even taking a liberal view of the matter, the delay of five years and more cannot be condoned in the facts of the case. Hence, application is rejected. (A.S.OKA, J.)