1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.18 OF 2010 IN SAST NO.6578 OF 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 25.10.2010. 1. This is an application for condonation of delay of 1052 days in filing the Second Appeal. 2. The present appellant had filed Regular Appeal before the District Court, Biloli. There was delay of 803 days in filing the said appeal. The Additional District Judge, Biloli, rejected the application for condonation of delay vide its order dated 10.1.2006. Aggrieved by the same, the present appellant preferred Writ Petition No. 2903/2006 on 27.2.2006. The said Writ Petition came to be dismissed as not tenable vide the judgment and order dated 19.9.2008. Thereafter, the present Second Appeal has been filed challenging the judgment and order passed by the Additional District Judge, Biloli, rejecting the application for condonation of delay. The present appeal is filed in the month of February 2009. 3. Heard Mr.S.N.Janakwadi, learned counsel holding for Mr.P.R.Katneshwarkar, advocate for the applicants. Learned counsel submits that the applicants were prosecuting bonafide and in good faith wrong remedy. Earlier the Writ Petitions were being filed against the judgment and order rejecting an application for condonation of delay. It was thereafter interpreting the judgment of the Apex Court in a case of "Shyam Sundar Sarma Vs. Pannalal Jaiswal and others" (2005) 1 Supreme Court Cases 436, the High Court came to the conclusion that Writ Petitions are not tenable and the judgment and order rejecting the application for condonation of delay in filing appeal amounts to an order in appeal and the Second Appeal is only tenable. 4. In view of the said position, it can be gathered that the applicants were prosecuting wrong remedy in good faith and bonafide. In view of the same, the delay caused in filing Second Appeal is condoned. The Civil Application is allowed. (S.V.GANGAPURWALA,J.) Dt.25.10.2010. asp/office/Ca18.10