4I have carefully considered the submissions. The
delay was of about 45 days. The petitioners-plaintiffs
are trustees of a public trust which is registered under
the Bombay Public Trusts Act,1950. A suit for eviction
filed by the petitioners has been dismissed by a Judgment
and Decree dated 5th June 2003. Reliance is placed on
circular resolution dated 20th June 2003 passed by the
trustees resolving that the decree passed by the trial
Court should be challenged. It is stated that the
petitioners applied for certified copy of the Judgment
and Decree on 20th June 2003. The certified copies were
ready on 9th February 2004 and were delivered on 10th
February 2004. After the receipt of the copies, the
petitioners approached their Advocate Mr.A.C.Chandan and
requested him to draft the memorandum of Appeal. It
appears that the said Advocate was not maintaining good
health and, therefore, he requested the petitioners to
engage some other Advocate. It is stated that the
papers of the matter were handed over to another Advocate
with instructions to draft Memorandum of Appeal. The
Advocate required certain other documents which were in
the office of the Advocate Mr.Chandan. It is stated
that the documents were procured the Advocate Chandan on
22nd March 2004. Thereafter, the draft of Memorandum of
Appeal was prepared which was required to be approved by
the board of trustees. That is how the appeal was
presented on 22nd April 2004 along with an application
