1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9765 OF 2009 IN SAST NO.14194 OF 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 16.09.2010. 1. Heard learned counsels for the respective parties. 2. This is an application for condonation of delay of 997 days in filing the Second Appeal. 3. The Applicants initially had filed a Writ Petition challenging the order dated 16.10.2006, passed by the District Court, rejecting the application for condonation of delay. The said Writ Petition was filed on 1.2.2007, however, it transpired that the Writ Petition was not maintainable and so was withdrawn on 22.6.2009. Thereafter, the present Second Appeal is filed on 9.7.2009. 4. The learned counsel for the applicants states that the said Writ Petition was being prosecuted bonafide and in good faith and because wrong remedy was prosecuted, bonafide and in good faith, the delay has been caused. 5. Taking into account these facts, as wrong remedy was prosecuted bonafide and in good faith, the delay is condoned. The Civil Application is allowed. (S.V.GANGAPURWALA,J.) Dt.16.09.2010. asp/office/Ca9765.09