1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.Z. No.452/2010 in L.P.A. No.2553/2010 in Writ Petition No.599/1992 (D) ( Shri D.B. Mirza, Advocate (dead) through Lrs. & others ..Vs.. Afasari Begum w/o Abdul Hamikhan (dead) through Lrs. & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.D. Khamborkar, Adv. for applicants. Mr. D.V. Chauhan, Adv. for respondent nos.1 to 9. CORAM : S.A. BOBDE & S.B. DESHMUKH JJ. DATE : 17.3.2011. This is an application for condonation of delay in filing the letters patent appeal challenging the judgment and order of the Single Judge dated 30th of January 2009. This appeal is filed exactly one year after. According to the learned counsel for the appellant, the appellant could not file this appeal within limitation because he had filed a Writ Petition No.2367/2009, which was withdrawn on 18/6/2009 and after which the present appeal is filed. It is seen that from the facts and circumstances of the case that it cannot be said to be a sufficient cause which arose or was in existence during the period of limitation as prescribed by law. It is settled law that only such cause, which has prevented the appellant from filing the present appeal, within the period of limitation, can be taken into account for considering whether it is sufficient cause for condonation of delay. In the present case the 2 appellant has not taken a single step after the Single Judge allowed the writ petition against him on 13th January 2009 till the period of limitation expired on 3rd March 2009. The proceedings which the appellant claims to be wrongly adopted by him i.e. Writ Petition No.2367/2009 was filed on 18/6/2009, much after the period of limitation has expired. In the circumstances, there is no merit in the civil application for condonation of delay. Hence the civil application is dismissed. JUDGE JUDGE Tambaskar.