[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION L.P.A.NO.201 OF 2008 IN W.P.NO.4029 OF 2008 Shri.Laxman Rambhau Sakhare ..Appellant Vs. Shri.Pandharinath Nivrutti Sakhare and Anr. ..Respondents .... Sagar Kasar for Appellant P.B.Bhargude i/b S.B.Deshmukh for Respondent Nos.1 and 2 .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 20, 2009 DATE : MARCH 20, 2009 DATE : MARCH 20, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. 2. The learned counsel for the Respondents submitted that this Letters Patent Appeal is not maintainable. Apart from this preliminary issue, we find that even on merits, no case is made out. 3. Civil Appeal No.616 of 2003 came to be dismissed for default on 10.11.2005. However, thereafter an application for setting aside the said order for dismissal came to be preferred on 18.1.2007. As there was delay in preferring the application for restoration, an application for [-2-] condonation of delay came to be filed on 6.2.2008. 4. The learned counsel for the Appellant submitted that he came to know about the order only when he saw public notice published in daily newspaper "Prabhat" on 20.12.2006. Thereafter, he preferred an application for setting aside the said order. It is seen that after the application for setting aside earlier order of dismissal came to be preferred, the Registry informed the Appellant that there is delay in preferring the said application and it is necessary to prefer an application for condonation of delay. However, it is found that even thereafter no steps have been taken by the Appellant and application for condonation of delay was preferred only on 6.2.2008 i.e. after more than one year after he preferred an application for setting aside the earlier order. We find that no case is made out for interference. Letters Patent Appeal is dismissed. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]