1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7207 OF 2009 Vijay Dattatraya Yenpure ....Petitioner vs 1. Tukaram Yashwant Malusurve & 3 ors. ....Respondents Mr. P.S. Dani with Mr. Hitesh Vyas for the Petitioner. Mr. Prathamesh Gokhale for the Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 19TH JANUARY, 2010. P.C. :- 1. Rule. By consent, rule made returnable forthwith and heard finally. 2. The Petitioner has challenged the order rejecting his application for condonation of delay in filing the appeal against the judgment and decree dated 21st April, 2007. 2 3. The impugned order is set aside. The learned District Judge shall hear the appeal on merits. The counsel have not insisted for reasons for this order. The learned District Judge shall accord priority to the appeal as if the appeal had been filed in January, 2007. The amount of Rs.7,500/- deposited pursuant to the order dated 15th September, 2009, may be withdrawn by the Respondent Nos.1 and 2 forthwith. 4. Writ Petition, accordingly, stands disposed of.