1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION (S) NO. 856 OF 2009 IN SECOND APPEAL NO. 318 OF 2009 (Abdul Gaffur Mohd. Baksh ..vs.. Hariram Gulabchandji Mahajan) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. S.V.Purohit, Advocate for the Appellant. Mr. J.J.Chandurkar, Advocate for the Respondent. C ORAM : F. M. REIS, J. DATED : 11th JANUARY, 2010. Heard learned counsel for the appellant and respondent. This is an application for condonation of delay of 342 days in filing the Second Appeal. The main ground for the delay is on account of the fact that the appellant-applicant chose wrong forum to impugned the judgment and decree dated 20/2/2007 passed by the Ad-hoc Additional District Judge-II, Akola, by preferring the Writ Petition before this Court. The said writ petition was allowed to be converted into Second Appeal by order dated 10/7/2009. The 2 learned counsel for the respondent has opposed the application and submitted that even the writ petition filed by the applicant was beyond the period prescribed. Considering the facts and circumstances of the case and as no reply has been filed by the respondent, it cannot be said that the appellant has not acted bona fidely in choosing wrong forum. As such, the delay of 342 days in filing the Second Appeal is condoned, subject to the costs of Rs.750/- to the respondents. Civil Application is allowed and disposed of accordingly. JUDGE. Diwale