IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4517 OF 2010 WITH FIRST APPEAL STAMP NO. 7954 OF 2010 Pramod Madhavrao Kale and others .. Applicants Versus Vikram Baburao Kale .. Respondent Shri K. E. Shinde, Advocate for Applicants. Shri A. D. Kawade, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . This civil application is filed for condonation of delay. The respondent appears to be a caveator. According to the applicants, the delay has been caused because of the fact that, the present applicants had preferred an appeal before the District Court, within a prescribed period of limitation. But then during the course of hearing it transpired that the District Court did not have the jurisdiction. Thereafter, the applicants had filed the application for transfer of the appeal before proper Court. Said application came to be rejected on 26.10.2009 and said order was not communicated by the advocate to the applicants and it came to their knowledge on 03rd February 2010. Thereafter, an application was filed for withdrawal of appeal which came to be allowed on 04th February, 2010 and after obtaining the copies and thereafter arranging the funds, the present appeal came to be filed. 2. The learned counsel for the respondent opposes the application on the ground that no sufficient cause has been stated. The proceedings before the lower Court were not prosecuted in good faith and bonafide, as such, the delay should not be condoned. 3. Taking into account the fact that the proceedings were prosecuted earlier before the wrong forum, naturally on advice of advocate and the litigant should not suffer for the wrong advice of advocate. The civil application is allowed. The delay is condoned. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10