1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.64/2009 in A.O. St. No.20106/2008 (Harinarayan Sarode & others ..V/s.. Sou. Latadevi Chandak & others) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Mr. C.J. Sukhadeve, counsel for petitioners. Mr. M.P. Khanjanchi, counsel for respondent nos.1 to 4. CORAM:- A.B.CHAUDHARI, J. DATED:- 30 th September, 2009. Heard the learned counsel for the parties. There is no dispute that under a wrong advise and bonafide mistake appeal came to be filed before the District Judge and that is why this Court in Writ Petition No.4063 of 2008 allowed liberty in favour of the appellant to file appeal against order in this court on 17/11/2008. This appeal seems to have been filed on 12/12/2008. Learned counsel for the respondent has objection for the condonation of delay on the ground that the respondents were put to avoidable litigation expenses because of mistakes committed by the appellant and appeal ought to have been filed immediately after order dated 17/11/2008. Having heard learned counsel for the parties, I find that delay after disposal of the writ petition on 17/11/2008 2 is not too much and looking to the arrangements which are required to be made for filing an appeal, in my opinion, good and sufficient grounds exist to condone the delay. Hence this Civil application is allowed in terms of its prayer clause subject to the costs of Rs.1,000/- (Rupees One Thousand Only) to the respondents, to be paid till 14/10/2009. Civil application stands disposed of. JUDGE Tambaskar.