1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8455 OF 2008 IN FIRST APPEAL STAMP NO. 13953 OF 2008 Radhabai W/o Sambhaji Suryawanshi .. Applicant Versus 1. The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 8454 OF 2008 IN FIRST APPEAL STAMP NO. 13936 OF 2008 Pandurang S/o Sambhaji Suryawanshi .. Applicant Versus 1. The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 8456 OF 2008 IN FIRST APPEAL STAMP NO. 13934 OF 2008 Sambhaji S/o Khandu Suryawanshi .. Applicant Versus 2 1. The State of Maharashtra and others .. Respondents Shri R. B. Dhaware, Advocate h/f Shri U. S. Malte, Advocate for the Applicant in all matters. Shri P. P. More, A.G.P. for the Respondent/State in all matters. Smt. G. N. Chincholkar, Advocate for the Respondent No. 3 in all matters. CORAM : S. V. GANGAPURWALA, J. DATE : 24TH SEPTEMBER, 2010. PER COURT : . These are the applications for condonation of delay in filing first appeal against the judgment and award passed by the Reference Court. Initially the award came to be passed on 12.06.1997. Thereafter, the applicant had filed an application U/Sec. 152 of the Civil Procedure Code. That came to be rejected on 10.01.2007, thereafter on an advise, the applicants had filed writ petitions on 12.06.2008. It transpired that the proper remedy would be to file an appeal and hence the writ petitions were allowed to be withdrawn with liberty to file appropriate proceedings. In the light of these facts, the delay has been caused. 2. Smt. Chincholkar, learned counsel for the respondent No. 3 3, Shri More, learned counsel for the respondent/State resists the applications strenuously on the ground that filling of an application U/Sec. 152 was an exercise in futility and so no remedy at all existed, that period could not be excluded. In the light of the fact that the applicants were prosecuting the remedy U/Sec. 152 on legal advise and in good faith. The delay caused in filing the appeals deserves to be condoned. In the result the delay is condoned. The civil applications are allowed. The civil applications are disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10