1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.5374 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The suit was dismissed in default. Application for setting aside the dismissal of the suit along with delay condonation of application was filed. The delay was not condoned. Consequently, the petitioners have preferred this petition challenging the orders passed by the trial Court regarding refusal to condone the delay and to set aside the order of dismissal of the suit. In such a case, in view of "Shyam Sundar Sarma Vs. Pannalal Jaiswal and others" (2005) 1 Supreme Court Cases 436, the order culminates into dismissal decree and, therefore, appeal is the proper remedy. Hence, the Writ Petition is not maintainable. The petitioners are at liberty to file appropriate appeal before the competent forum with due explanation regarding delay which may be considered by the competent Court of appeal having regard of Section 14 of the Limitation Act. 3. With these observations, the petition is disposed of. No costs. (V.R.KINGAONKAR,J.) Dt.23.02.2010. asp/office/wp5374.08