1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11171 OF 2010 IN SECOND APPEAL STAMP NO. 22358 OF 2010 Sow. Ushadevi W/o Rajendra Anand GPA Rajendra Malikram Anand .. Applicant Versus 1. Sayyed Ismail S/o Sayyed Kasim and others .. Respondents Shri N. K. Kakade, Advocate for the Applicant. Shri V. R. Naik, Advocate for Respondent Nos. 1 to 7. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH OCTOBER, 2010. PER COURT : . This is an application for condonation of delay of 393 days. Shri Naik, learned counsel for respondents resists the application on the ground that no sufficient cause is stated. Perusal of application shows that initially the applicant had filed writ petition against the impugned judgment and decree passed by the lower Appellate Court. Thereafter, it transpired that writ 2 petition is not tenable and thereafter second appeal is filed. It is submitted that the applicant was prosecuting a wrong remedy bonafide and in good faith and because of the same the delay is caused. In the light of the fact that the applicant was prosecuting a wrong remedy bonafide and in good faith and applicant is entitled for benefit of Sec. 14 of the Limitation Act. In the light of the same, the delay is condoned. The application is allowed. The civil application is disposed of accordingly. [S. V. GANGAPURWALA, J.] bsb/Oct. 10