MC 783/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard the learned counsel for the parties. The applicant by the present application is seeking condonation of delay of 253 in preferring the appeal against the judgment and decree dated 22.12.200 8 passed in Title Appeal No.65/2006 by the learned Civil Judge No.1, Kamrup, Guw ahati, reversing and setting aside the judgment and decree dated 09.06.2006 pass ed by the learned Civil Judge (Jr. Division) No.1, Guwahati, in Title Suit No.15 6/2001, decreeing the suit filed by the predecessor-in-interest of the present a pplicant. According to the applicant the delay was cuased due to the reason that t hough the aforesaid Title Appeal was allowed by the learned First Appellate Cour t by setting aside the judgment and decree passed by the learned Trial Court on 22.12.2008, he came to know about the said judgment and decree only on 07.10.200 9 when he was informed by the learned counsel engaged by his father, who unfortu nately died on 27.12.2008. Accordingly the applicant on 25.11.2009 applied for t he certified copy of the impugned judgment and decree, which was delivered to hi m on 14.12.2009 and thereafter on 15.12.2009 he filed the memorandum of appeal. The prayer made in the application seeking condonation of delay has been opposed by the learned counsel for the respondent No.1 by filing the affidavit- in-opposition contending inter alia that the applicant has not been able to demo nstrate the sufficient cause in preferring the appeal in time and even not expla ined as to why he has waited till 25.11.2009 to apply for the certified copy of the impugned judgment and decree after getting the information about such judgme nt and decree from the learned counsel on 07.10.2009. It appears from the averments made in the application seeking condonatio n of delay, as noticed above that after passing of the judgment and decree by th e learned First Appellate Court on 22.12.2008, the applicant’s father expired on 27.12.2008 and the applicant was informed on 07.10.2009 by the learned counsel engaged by his father about the outcome of the appeal. The applicant thereafter on 25.11.2009 applied for the certified copy, which was delivered to him on 14.1 2.2009. In the application it has been stated that after obtaining the informati on relating to the appeal, the applicant approached his counsel and discussed th e matter and thereafter applied for the certified copy. Having considered the averments made in the application seeking condonat ion of delay, as discussed above, I am of the view that the applicant was preven ted by sufficient cause in not preferring the appeal in time and hence the delay occurred in filing the appeal is condoned. Misc. case stands allowed.