FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.5059 OF 2007 IN FIRST APPEAL (STAMP) NO.22274 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Sandesh Patil, for the applicant. Mr R.S.Apte with Mr M Limaye for the respondents. CORAM: B.H.MARLAPALLE & D.B.BHOSALE, J. DATED: 25/07/2008 P.C.: Heard the learned counsel for the parties. This is an application for condonation of delay in filing First Appeal Stamp no.22274 of 2007 and as per the office note the appeal is filed beyond time by 2139 days. Special civil Suit No.505 of 1986 was decreed on 20.8.2001 and the decree was challenged in Civil Appeal No.11 of 2003 before the District Court at Thane. Vide order dated 1.3.2004, the learned District Judge returned the Appeal Memo on the ground that the appeal was not maintainable before the District court. Thereafter, the Appeal from order no.378 of 2004 was submitted to this Court and as per the order dated 1.12.2006 the learned Single Judge held that the Appeal from order was not maintainable and liberty was granted to file other appropriate proceedings. The applicant, therefore, filed Writ Petition No.8438 of 2006 which was disposed of by the learned Single Judge on 8.8.2007. The learned Single Judge in his order dated 8.8.2007 confirmed the order passed by the learned District Judge holding that the First Appeal was not maintainable before the District Court. We are, therefore, satisfied that the delay caused in filing this appeal under Section 96 of CPC deserves to be condoned. Hence, the application is allowed in terms of prayer clause (a). Let the Appeal be listed for admission on 1.8.2008. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)