1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 4226 OF 2007 ( Smt. Sunderbai @ Nalini N. Bokde & Ors. vs. Smt. Tulsabai wd/o N. Sirsikar & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 26, 2008. Heard Shri Walthare with Shri Meshram, Advocate for the applicant/ appellant. Nobody appears for the respondents even on second call, though they are served. Shri Mandaokar, Advocate who represents respondents No. 2, 4 & 8 is not present before the Court. The record shows that Special Civil Suit was valued above Rs. Two lakhs and therefore, AO ought to have been filed before this Court but mistakenly it was filed as MCA in the District Court. Realising this mistake, the application was moved for its return and for presentation to appropriate Court. DJ-3, Nagpur, has on 23.2.2007 passed orders on that application (Exh. 22) and granted permission to withdraw appeal with liberty to file appropriate proceedings before the High Court subject to payment of cost of Rs.200/- to Respondent No.2 before said Court. The cost has been deposited 2 accordingly on 1st March 2007 and thereafter the present appeal has been filed before this Court along with Civil Application for condoning delay of one year and 273 days. It is apparent that the present applicants were prosecuting their remedy bonafide before wrong forum. In any case, they cannot be blamed for filing appeal before the District Court. In the circumstances, delay of one year and 273 days is condoned. The office to register A.O. and to place it for further consideration. JUDGE *GS.