1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9828 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri M.S. Karnik for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 22nd January 2010. P.C.: . Heard learned counsel appering for the Petitioners. The Petitioners are the Respondents in an application made by the first Respondent herein before the District Court. The said application is for condonation of delay in preferring an Appeal. In the said application for condonation of delay, the Petitioners made an application seeking permissionn to lead oral as well as documentary evidence for opposing the application for condonation of delay. The said application has been disposed of by the impugned order by permitting the Petitioners to file an affidavit in support of their case. 2 2. The impugned order thus suggests that the Appellate Court has passed an order directing that the application shall be heard on the basis of the affidavits. In such a case, Rules 1 and 2 of Order XIX of the Code of Civil Procedure, 1908 will apply. Hence, no case for interference is made out. 3. Learned counsel appearing for the Petitioners submits that the Petitioners want to file an affidavit of a Talathi. No such prayer has been made in the application on which the impugned order is passed. Therefore, it will be open for the Petitioners to make an application to the Appellate Court for examining the Village Talathi as a witness. If such an application is made, the Appellate Court will consider the same on its own merits. The Petition is disposed of accordingly. (A.S.OKA,J)