1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9998 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 9998 OF 2010 *** 1. Heard Advocate Shri Jadhavar for Petitioner and Advocate Shri S.P.Salgar holding for Advocate Mr. S.S.Thombre for Respondent Nos.1, 2 and 5. 2. Shri Salgar points out that if impugned order is set aside and objection of petitioner is upheld the proceeding before the Appellate Court come to an end and hence revision under section 115 C.P.Code is maintainable. 3. Learned counsel for petitioner does not accept this. He points out that the delay has been condoned without any notice to the petitioner and hence order is without jurisdiction. 4. The jurisdictional error can be assailed in proceeding under section 115 C.P.Code. Request of learned counsel to treat this petition as revision cannot be entertained as 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 9998 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the petition has been filed in the year 2010 when position in this respect was already well established. Hence, with liberty to the petitioner to file appropriate proceeding in accordance with law in the matter, present writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:30/03/2011. ans/9998