1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. A. NO. 146 2009 IN A. O. ST. NO. 17015 OF 2009 Sunita Rajkumar Humne Vs. Praveen Budhulal Agrawal & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri A. S. Kilor Adv for appellant. Shri Kalwaghe Adv for respondents. CORAM: SMT. R. P. SONDURBALDOTA J. Dated: 11 th JANUARY, 2010. This civil application is filed for condonation of delay in filing the appeal to challenge the order dated 21.03.2009. The application is opposed by the respondents. Initially the appellants had filed Writ Petition No. 2669 of 2009 to challenge the impugned order. Later on realisation that the appellants ought to have filed an appeal against the order as provided, the writ petition came to be withdrawn on 19.09.2009 with liberty to take appropriate steps available under law. Then present appeal came to be filed on 2 15.10.2009. Learned counsel for the appellants submits that the appellants could not file the instant appeal immediately after withdrawal of the petition because the certified copies that were required to be filed along with the present appeal were misplaced due to the painting and renovation work going on in the house of the appellants. Considering the facts in my opinion the appellants have made out sufficient ground for condonation of delay. Hence the civil application is allowed in terms of prayer clause (1). Office to number the appeal and place the same on board for admission in the next week. JUDGE svk 3 4 5