1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.21 OF 2010 IN WRIT PETITION NO.9369 OF 2009 The Chairman, Suryakant Shikshan Prasarak Mandal .. Appellant Vs. Shri Sidhappa Dundappa Karkal and Ors. .. Respondents Mr.A.M.Joshi for the appellants None for the respondents CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : January 28, 2010 P.C. : 1. By way of present appeal, the appellant challenges the order dt.10.11.09 by which the petition filed by the present petitioner challenging the order passed by the learned School Tribunal in Misc.Application for condonation of delay in filing the appeal came to be rejected. 2. The learned single Judge has found that the order passed by the learned Tribunal for condoning the delay was passed on proper appreciation of the matter. In any case, the matter of condonation of delay is within the 2 discretion of the Tribunal. Unless it is found that the discretion was arbitrarily exercised, the learned single Judge could not have interfered with the same. 3. Hence, we find no error or illegality in the order passed by the learned single Judge to invoke our appellate jurisdiction. Letters Patent Appeal is therefore, dismissed. 4. In view thereof, Civil Application No.17 of 2010 does not survive. The same is also dismissed as infructuous. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J)