1 C.A. No.4673/2011 in A.O. Stamp No.8685/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.4673 OF 2011 IN APPEAL FROM ORDER STAMP NO.8685 OF 2011 Milind s/o Madhukar Ugale ... APPLICANT VERSUS Mandakini w/o Madhukar Ugale & anr. ... RESPONDENTS ..... Shri A.N. Nagargoje, Advocate for applicant Shri R.D. Bhalerao, Advocate for respondents ..... CORAM : S.S. SHINDE, J. DATED : 2nd August, 2011. PER COURT : 1. Heard the counsel for the applicant and the counsel for respondents. This application is filed for condonation of delay in filing the Appeal from Order Stamp No.8685/2011. 2. The learned counsel appearing for the applicant submits that, the trial Court rejected the application filed below Exh. 5 on 17.2.2009. Thereafter, immediately the application for obtaining certified copies was filed and accordingly, the certified copies were supplied on 4.3.2009. Immediately thereafter the applicant preferred Misc. Civil Appeal No.12/2009 before the District Court, Sangamner. The applicant was under the 2 C.A. No.4673/2011 in A.O. Stamp No.8685/2011 impression that the appeal lies to the District Court and the applicant was bonafidely prosecuting the said remedy before the District Court. However, the learned District Judge-1, Sangamner, by his order dated 15.2.2011, directed to return the appeal memo to the applicant for presentation before this Court. Therefore, according to the counsel for the applicant, the appellant was prosecuting the Misc. Civil Appeal No.12/2009 under bonafide impression that such remedy is available to the appellant. Therefore, the delay of 530 days caused in filing the Appeal from Order may be condoned. 3. The learned counsel appearing for the respondents has no objection if the application is allowed. 4. Upon hearing counsel for the applicant and the counsel for respondents, and in view of the provisions of Section 14 of the Limitation Act, in my opinion, this application for condonation of delay can be allowed. Accordingly, application is allowed in terms of prayer clause (A) and same stands disposed of. The Appeal from Order be registered and placed for admission on 9th August 2011. ( S.S. SHINDE, J. ) fmp/ca4673.11