ca8794.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8794 OF 2011 IN FIRST APPEAL (ST.) NO. 16779 OF 2011 Sugarabee Ibrahim Patel ...Applicant Versus Mulchand Devakinandan Brijbasi and others ...Respondents ..... Mr. H.V. Tungar, advocate for the applicant None for the respondents. ..... CORAM: MRS. MRIDULA BHATKAR, J. DATED: 20TH OCTOBER, 2011 PER COURT:- 1 This is an application for condonation of delay of 700 days caused in filing first appeal. Heard learned counsel for the applicant. None for the respondents though served. 2 Learned counsel for the applicant submits that by order passed by this Court, two suits i.e. Special Civil suit No. 136 of 1998 and Regular Civil Suit No. 3 of 2005 were tried together and a common judgment was delivered in both the suits on 27.4.2009. Special Civil Suit No. 136 of 1998 was filed by the present applicant for declaration and possession, however, it was dismissed. Regular Civil Suit No. 3 of ca8794.11 -2- 2005 was filed for perpetual injunction by the original defendant No.4 in the Special Civil Suit No. 136 of 1998 against the present applicant. The said suit was decreed. 3 Since both the suits were decided by common judgment and the said judgment and order was against the present applicant, it was necessary for the present applicant to file two separate appeals against the said common judgment in two suits. However, under the wrong notion of law, the applicant has filed only one appeal challenging the judgment in Special Civil Suit No. 136 of 1998. The said appeal is first appeal (st.) No. 20452 of 2009. However, now it is realized that the applicant-appellant should have filed separate appeal challenging the common judgment in R.C.S. No. 3 of 2005. Now this appeal is filed challenging judgment passed in R.C.S. No. 3 of 2005. Hence, there is delay of 700 days caused in filing instant first appeal. 4 Considering the facts stated by the learned counsel for the applicant, the mistake appears to be bonafide and therefore, delay of 700 days deserves to be condoned and the same is accordingly condoned. Application is allowed and disposed of. ( MRS. MRIDULA BHATKAR, J. ) rlj/ ca8794.11 -3-