-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT: CIVIL APPLICATION NO. 1856 OF 2006 IN FIRST APPEAL (St.) NO. 7763 OF 2006 -------------------------------------------------------------------------- Office Notes,Office Memoranda of Coram, appearances, Court’s or Judge’s Orders Court’s orders or directions and Registrar’s orders. -------------------------------------------------------------------------- Mr.T.A.Sayyed for the Applicant. None for the Respondent. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. DATE : 12TH OCTOBER, 2006 DATE : 12TH OCTOBER, 2006 DATE : 12TH OCTOBER, 2006 P.C.: P.C.: P.C.: Heard learned Counsel for the applicant. None appears for the respondent. 2. It is stated in paragraph 2 of the civil application that the delay of about 11 months and 10 days is occurred in filing the first appeal in this Court. It is pointed out that the judgment, which is impugned in this first appeal, is also challenged by the respondent, by filing first appeal no. 1177 of 2005 in this -: 2 :- Court. Said first appeal no. 1177 of 2005 is admitted by this Court. According to the learned Counsel for the applicant, the impugned judgment, therefore, is already challenged by the respondent. Apart from this, cause for this delay is explained in paragraph 4 of the civil application. Referring to first appeal no. 1177 of 2005, a statement is also made that for filing of the first appeal no.1177 of 2005, application seeking condonation of delay was taken out on behalf of the respondent. 3. Having heard learned Counsel for the applicant and considering the fact and circumstances in the present case, in my view, the delay is properly explained and bonafide. 4. In the result, delay of 11 months and 10 days, occurred in filing first appeal in this Court is condoned. The civil application, accordingly, is allowed and disposed of. Sd/- -: 3 :- (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT: FIRST APPEAL (St.) NO. 7763 OF 2006 -------------------------------------------------------------------------- Office Notes,Office Memoranda of Coram, appearances, Court’s or Judge’s Orders Court’s orders or directions and Registrar’s orders. -------------------------------------------------------------------------- Mr.T.A.Sayyed for the Applicant. None for the Respondent. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. DATE : 12TH OCTOBER, 2006 DATE : 12TH OCTOBER, 2006 DATE : 12TH OCTOBER, 2006 P.C.: P.C.: P.C.: List the appeal for admission after vacation of October, 2006, if all objections are removed and numbered. First Appeal No. 1177 of 2005 to be tagged with this appeal. Sd/- (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.)