1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition NO. 4971/2010 M/s. Amar Agencies Vs. Shri Motiram Maniram Lambodari =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A. Shelat, Adv. for the petitioner. Mr. P. B. Patil, Adv. for the respondent. CORAM ; B. P. DHARMADHIKRI, J. DATED : 18th October, 2010. The matter was heard on 14th October, 2010 and during arguments only to assess bonafides of petitioner- tenant, learned counsel for the respondent agreed to concede to the prayer for condonation of delay, if the petitioner-tenant placed the respondent in possession to tenant. Learned counsel stated that in case appeal of petitioner is allowed, immediately without any objection, the respondent-landlord will restore the possession. The petitioner obtained adjournment till today to make appropriate statement. Today, upon instructions, his Advocate (Adv. Shelat) states that the Appellate Court can be directed to decide the appeal itself on merits immediately in less than one month and thereby no prejudice will be caused to any of the parties. He has relied upon some judgments to urge that in such type of disputes adjudication on merits must be encouraged. The Appellate Court has refused to condone the delay 2 for approaching it. Delay is of 223 days and it has noticed that the false excuse was pressed into service. It has accepted the story of present respondent that tenant was appearing in person in other Court matters during said period. It is to be noted that decree passed by Small Causes Court is also ex-parte and delay in challenging it was sought to be condoned. I do not find any jurisdictional error or infirmity in the order. I am not inclined to interfere with the impugned order in writ jurisdiction. Hence, writ petition is rejected. No costs. JUDGE ambulkar