1 C.A. No. 4 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4 OF 2010 IN APPEAL FROM ORDER (ST) NO. 21222 of 2009 Vikram Manik Patil Applicant V E R S U S Late Gautamabai Popat Patil (dead thorugh L.Rs.) Respondent Mr. M.M. Bhorikar, Advocate for the appellant Mrs. V.P. Dhorde, Advocate for the respondent No. 1 CORAM : A.V. NIRGUDE, J. DATED : 20th January, 2011 ORAL JUDGMENT 1. The applicant seeks condonation of 303 days delay, in filing of this appeal. The applicant who was original plaintiff, had filed suit for partition. His suit is decreed and respondent /defendant preferred an appeal before the learned District Judge. Upon hearing both the sides, the learned District Judge, Jalgaon thought it fit to allow the appeal for remanding the case back to the lower Court. The order remanding the case back to the lower Court was passed on 26-06-2008. On 23-09-2009, the applicant preferred this proceeding but did not obtain any direction to the Trial Court, not to proceed with the trial. In the meantime, the Trial Court proceeded with the trial. The 2 C.A. No. 4 of 2010 applicant/plaintiff admittedly recorded evidence, during September, 2010 to December, 2010. The trial is still pending and it is now the respondent /defendant’s turn to lead evidence. At such belated stage, the applicant proposed for seeking condonation of delay. It seems that the appeal became infructuous due to the delay and due to the steps taken by the applicant / plaintiff at the trial stage. It would be better for both the parties that they should continue with the trial and get the suit decided. I think the applicant /plaintiff cannot make out a case for condonation of delay. 2. Second reason, why I am dismissing the application that the applicants reason as to why he remained away from the Court is not convincing at all. The applicant /plaintiff stated that after the Impugned Judgment and Decree was passed, he fell ill and he could not attend the Court for 300 days. By no stretch of imagination this plea can be believed. O R D E R 1] The application seeking condonation of delay of 303 days stands rejected. In view of the disposal of the Civil Application, Appeal From Order (ST) No. 21222 of 2009 and Civil Application No. 01 of 2010 stand disposed of. ( A.V. NIRGUDE, J. ) SDM* 3 C.A. No. 4 of 2010