1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.2416 of 2009 In SAST No.1470 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. This is an application for condonation of delay. Though served, yet, none appears and there is no response to the application by the Respondents. 2. The delay is of 325 days in filing of the appeal. Chief contention of the applicant is that he could not get information regarding disposal of the Civil suit within a reasonable time because he was employed and was attending his duty at Mumbai. He would submit that after some delay, he collected certified copies of the judgment and decree rendered by the trial Court and filed appeal before the first appellate Court with an application for condonation of delay. He reasonably explained the delay in his application. The first appellate Court, however, rejected his application for condonation of delay on the ground that the reasons shown in the application were not sufficient within the meaning of Section 5 of the Limitation Act. He thereafter, preferred Writ Petition No.670/2008, which was entertained by this Court. However, subsequently, in view of dictum of the Apex Court that such Writ Petition would not be maintainable but an appeal is required to be filed against the dismissal of the appeal as consequence of dismissal of the application for delay condonation by the first appellate Court, he withdrew the Writ Petition with liberty to prefer the Second Appeal. Consequently, the time consumed in filing of the Writ Petition is required to be excluded. Having regard to the explanation given by the applicant, I deem it proper to condone the delay. 3. The application is allowed. The appeal be registered. 4. Call R & P. 5. The parties be put on notice that the appeal is likely to be finally decided on the next date. 6. S.O. to 20.1.2010. (V.R.KINGAONKAR,J.) Dt.30.11.2009. asp/office/Ca2416.09