1 40 caf.3520.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3520 OF 2011 IN FIRST APPEAL (stamp) NO. 21424 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.V.Sakhare for the Applicant. CORAM : A.S.OKA, J. DATE : 24 th August, 2011. P.C. . This is an application for condonation of delay filed by the original plaintiff. The delay is in preferring the appeal. The appeal is directed against the order dated 6 th August, 2010 by which the suit has been dismissed as withdrawn. The impugned order is not a decree within the meaning of Section 2(2) of the Code of Civil Procedure, 1908. Hence, the first appeal is not maintainable. As the first appeal is not maintainable, this application for condonation of delay cannot be entertained and the same is rejected by keeping the remedy of the Applicant open. 2 40 caf.3520.11 2 Civil Application No.3521 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]