1 ca4416.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4416 OF 2011 WITH LETTERS PATENT APPEAL ST. NO. 4053 OF 2011 IN WRIT PETITION NO. 677 OF 2008 WITH CIVIL APPLICATION NO. 4417 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri Ashish Jadhavar holding for Shri N.P. Patil (Jamalpurkar), advocate for the applicant. Shri D.G. Chewale, advocate for the respondent. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 03rd August, 2011. . Leave to amend granted. 2. The Civil Application has been filed for condoning the delay of 130 days in preferring the Letters Patent Appeal. The reason for the delay in filing the appeal is that the order, which was passed by the learned Single Judge was an exparte order and when the Advocate for the applicant become aware of the order, the Letters Patent appeal has been preferred. 2 ca4416.11 3. In reply to this Civil Application, the respondent has filed an affidavit indicating that the decree has been executed by the respondents. 4. In these circumstances, we see no reason to allow the civil application and hear the appeal, as the applicant would have to challenge the execution of the decree, if so advised. 5. The Civil Application is dismissed. Hence, the Letters patent appeal and the Civil Application for stay are also dismissed. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/ca4416.11