1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4050 OF 2009 IN FIRST APPEAL ST.NO.24509 OF 2009 Chinnappa D. Naidu & Anr., .. Applicants V/s. The Prop. M/s.Vicky Enterprises .. Respondents. Shri Omkar Joshi i/b. Shri S.K.More for Applicants. Mr. Ivor D Cruz for Respondents. CORAM: R.S.MOHITE, J. DATED: 26th FEBRUARY, 2010. P.C.: 1. This is an application for condonation of 86 days delay in filing of the First Appeal. On perusal of the application, I find that the Applicant contends that the deceased person was the only bread earner of the family. He further states in the application that he was a dependant of the late son Raju C. Naidu. It is further submitted that the financial position of the applicant is not so sound and he is an illiterate and a layman with lack of legal knowledge and, therefore, could not file the First Appeal well in Srj 2 limitation. In such situation, prayer is made for condonation of delay. Perused the reply filed on behalf of the Respondent, in the light of the judgment of the Apex Court in the case of Banarsidas vs. State of Uttar Pradesh reported in S.C. P.520. In that case, the Supreme Court dismissed the Petition under article 32 of the Constitution of India. The Supreme Court observed that the ground for condonation of delay made out by the Petitioner was that they had to collect money from amongst a large number of Petitioners who were interested in filing the said application, was not a sufficient ground for condoning the delay and for grant of special leave. The Allahabad Court has not confirmed this finding of the Applicant but had only noted the reasons given for refusal of special leave. I, however, find that the point raised was considered and disposed on merits and since, the Apex Court has found that no merit in the point raised in the Petition under article 32 to grant any special leave in respect of the Petition which had been filed from the Allahabad Court. Reliance is also placed on the judgment and order passed by Single Judge of this Court in Civil Application No.8415 of 1997. That was not a case where one of the Applicant was a handicapped person relying upon the income of the deceased. Srj 3 2. In the circumstances, the Civil Application is allowed. 3. Office to number the First Appeal and to place the same on board on 17th March, 2010. (R.S.MOHITE, J.) Srj