(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 3180 of 2009 Abhiman s/o. Shrirang Gujar. .. Petitioner. versus Achut s/o. Dhondiba Gatkal & 6 Others. .. Respondents. .................. Mr. K.J. Suryawanshi, Advocate, for the petitioner. .................. CORAM : B.R. GAVAI, J. DATE : 22ND JUNE 2009. COURT’S ORDER : 1. By way of present petition, the petitioner challenges the order dated 15th January 2009, passed by the learned District Judge-1, Majalgaon, in Miscellaneous Civil Application No. 54/2007, thereby rejecting the application filed by the petitioner for condonation of delay in filing the appeal. The delay is of one year and four months. 2. The learned District Judge has found that the reasoning given by the present petitioner, that he was ill and, therefore, he could not file the appeal within limitation, is a concocted plea. It has been (2) found that during the said period, the petitioner had very well attended the proceedings before the Judicial Magistrate (First Class), Majalgaon, on 25 occasions and, therefore, refused to accept the explanation given by the petitioner. 3. The matter regarding condonation of delay is within the discretion of the Judicial Authority. Unless it is found, that the discretion exercised by the court below, has been exercised in a perverse manner, it is not possible for this court to interfere with the same. The learned Judge of the appellate court has given sound and cogent reasons for rejecting the application. Hence, no case is made out for interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 4. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp3180