dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1388 OF 2004 PETITION NO.1388 OF 2004 PETITION NO.1388 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.M.R.Suryawanshi for the Petitioner. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 3rd October, 2008. : 3rd October, 2008. : 3rd October, 2008. P.C. P.C. P.C. The petitioner has challenged the order of rejecting his Appeal by not condoning the delay of 60 days in filing the Appeal. None appears for the respondents though served. The petition is already dismissed for want of prosecution against respondent no.3. Considering the averments made and as case is made out by showing sufficient cause for not filing the Appeal within limitation and apart from that in the interest of justice and to ( 2 ) give opportunity to the Appellant/petitioner to contest the matter, I am inclined to grant this application. The delay condonation application is allowed. The impugned order is accordingly quashed and set aside. The lower Appellate Court is directed to hear the Appeal on its own merits in accordance with law. The petition is accordingly allowed in the above terms. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]