1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1294 OF 2010 Lokmitra Sahakari Gruhnirman Sanstha Marayadit, Aurangabad ....Petitioner. Versus Yojna Co-operative Housing Society Ltd., Aurangabad and others ....Respondents. Shri. M.K. Deshpande, Advocate h/f. Shri. S. S. Naik , Advocate for the petitioner. CORAM : R.M. BORDE, J. DATE : 5th April, 2010 PER COURT : 1. The petitioner is raising exception to the order passed by the First Appellate Court, condoning delay in presenting application for restoration of appeal as requested by the respondent/defendant. The Trial Court granted declaratory decree and thus, appeal was presented raising exception to the said decree in the year 2002. It appears that appeal came to be dismissed for want of prosecution on 24.3.2005. An application seeking restoration of appeal is presented in the year 2008 2 along with an application seeking condonation of delay. The First Appellate Court, on considering all relevant aspects, has condoned the delay and further ordered to take up the application, seeking restoration of appeal for consideration on its own merits. The order passed by the First Appellate Court directing condonation of delay in tendering application for restoration of appeal is subject matter of challenge in this petition. 2. Considering the fact that the First Appellate Court has exercised the discretion in condoning the delay in tendering application for restoration of appeal, in exercise of extraordinary jurisdiction conferred on this Court under Article 227 of the Constitution of India, no interference is called for. Petition is devoid of substance, hence, stands rejected. [ R.M. BORDE, J. ] ssc/wp1294.10