FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION A.NO.103 OF 2009 IN APPEAL FROM ORDER (ST) NO. 29641 of 2008 AND APPEAL FROM ORDER (ST) NO. 29641 of 2008 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.Suraj Kudalkar, for the applicant. Mr Vishal Kanade i/b M/s Shiralkar & Co for respondent nos 2 and 3. Mr A.I.Patel, for respondent nos 4 & 5. DATED: 19th January 2009. DATED: 19th January 2009. DATED: 19th January 2009. P.C.: . Heard learned counsel for the parties. . By this application, the applicant has prayed for condonation of 38 days delay in filing the Appeal from order. The applicant has filed the Appeal from order challenging the order dated 13.10.2008, by which the City Civil Court has refused to grant ad-interim relief as prayed in the motion. This court is informed that the motion itself has been fixed for hearing by the City Civil Court on 27.1.2009. Keeping that in view and considering overall facts and circumstances of the case, I am not inclined to condone the delay in filing the Appeal. Hence, the application is rejected. Consequently, Appeal from order also stands disposed of. . The City Civil Court shall, however, deal with the motion on merits in accordance with law and without being influenced by this order. While passing this order, I shall not be understood to have examined merits of the case. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)