1 WP1642/04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.344 OF 2010 IN LETTER PATENT APPEAL (ST) NO.26009 OF 2010 IN CIVIL APPLICATION NO.2371 OF 2007 IN WRIT PETITION NO.1642 OF 2004 Shri Jagjit Singh Paul and anr. ...Applicants v/s M.K. Jagasia and others ...Respondents Mr G.S. Purohit i/b M/s Deven Dwarkadas and Partners for Applicants. None for Respondents. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 29TH NOVEMBER 2010. 2 WP1642/04 P.C. :- 1] In this appeal, the appellants challenge an interlocutory order passed in writ petition No.1642 of 2004 dated 30th July 2008. The delay is of more than two years. This appeal is filed after allowing the Court to pass two subsequent orders based on the order dated 30th July 2008. The cause that is shown for the delay is unforeseen circumstances beyond the control of the appellants. No such unforeseen circumstances have been noted. In the order dated 30th July 2008, which is challenged in this appeal, the Court itself has noted that the market value of the property is around Rs.37,00,000/-. The Court has also noted that the landlord is entitled to rent at the rate of 10 % of the total market price. It was quite possible at that time that the landlord had moved for enhancement of rent on the basis of this finding and the appellants did not move. It cannot be said that there is any cause shown for enormous delay. Civil application is therefore rejected. 3 WP1642/04 Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE N.D. DESHPANDE )