FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.3694 OF 2009 IN FIRST APPEAL ST.NO.21946 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s of Judge’s orders Shri Vivek Salunkhe i/by Shri Saiprakash B. Kadam, advs. for the applicants. Coram: J.H.Bhatia, J. Dated: 27th November, 2009 P.C.: 1 Heard the learned counsel for the applicant. None for the respondents. 2 This is an application for condonation of delay of 338 days in filing the first appeal against the judgment dated 7.7.08 passed by the Civil Judge Senior Division, Daman in special civil suit. It appears that the applicants/defendants were served with suit summons and he had also engaged a lawyer, who had sought two adjournments and 2 thereafter, he failed to remain present and the matter proceeded ex-parte and decree was passed. The appellants are situated at Nanded far away from Daman where the trial Court is situated. According to the applicants, they were not aware of the judgment/decree. Taking into consideration these circumstances, this application is allowed and delay in filing the appeal is condoned. (J.H.Bhatia, J.)