1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9814 OF 2011 IN FIRST APPEAL ST.NO.21022 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.M.P.Kale, learned counsel for the applicants. Mr.P.N.Kalani, learned counsel for respondent no.1. CORAM : A.V.POTDAR, J. DATE : 25/11/2011 By this application, the applicants are praying for condonation of delay of 3310 days in preferring an appeal. Heard respective parties. It appears that the challenge in the appeal is to the judgment and decree dated 10/04/2002, passed by the Civil Judge, S.D.Gangakhed in Spl.Civil Suit No.20/2000. Initially the appeal was filed in the District Court, Parbhani and was numbered as R.C.A.No.53/2002, later on re-numbered as RCA No.47/2004. After the appeal was admitted, stay was granted. During the special drive to dispose of old appeals, the 2 appeal was taken on the file of learned District Judge, Parbhani, to dispose it of, as that was the old matter, which was pending for more than 10 years, who by order passed below Exh.1 on 30/07/2011, under order 7 Rule 10 of the CPC, returned the appeal to the appellant to present it before the appropriate Court. Copy of the office note annexed alongwith this application shows that even though the order in Regular Appeal was passed on 30/07/2011, in fact the appeal was returned on 12/08/2011. On 12/08/2011 to 15/08/2011, there were holidays, so on 16/08/2011, the appeal was presented by the appellant. This application is moved before this Court on 16/08/2011. Considering this aspect, as the original appeal was filed in time, but because of certain contingency, learned District Court, by virtue of the order dated 30/07/20111, returned the appeal to the appellant and within 4 days, it was presented in this Court, which grounds are supported by the documents annexed with. In the light of this, this application deserves to be allowed. Accordingly, it is allowed in terms of prayer 3 clause A & B and stands disposed of. Registry to register the accompanied first appeal. (A.V.POTDAR, J.) khs/Nov. 2011/ca9814-11