[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.59 OF 2008 IN SUIT NO.2253 OF 1995 Jairaj Anantrai Mehta .... Appellant Vs. M.D. Narayan & Ors. .... Respondents And Anantrai Prataprai Mehta (since deceased) & Ors. .... Respondents None present. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI P.B. MAJMUDAR, JJ. DATED: DATED: DATED: APRIL 30, 2008 P.C: P.C: P.C: None present. Even otherwise, the appeal is not maintainable. The appellant had taken out Notice of Motion No.1215 of 2006 for condonation of delay of 773 days in filing the Appeal {Lodging} No.1340 of 2005. The same came up for hearing on 25-7-2007 before the Division Bench comprising of Sarvasri Justices D.K. Deshmukh and J.H. Bhatia, JJ., and as none had appeared, the notice of motion was dismissed. It is indeed surprising that inspite of the fact that the notice of motion seeking condonation of delay in filing the appeal was dismissed, while the appeal was under lodging number, the Registry proceeded to complete the registration of the appeal and registered the same as Appeal No.59 of 2008. In the circumstances, while [2] confirming that the appeal is not maintainable in view of dismissal of the notice of motion for condonation of delay, it is necessary to direct the Registrar (O.S.)/Prothonotary & Senior Master to hold an inquiry and submit report as to how the mischief of registering the appeal has been done by the Registry inspite of the fact that the delay in filing the appeal was refused to be condoned and in the circumstances the appeal could not have been registered and placed for hearing before us. The Prothonotary & Senior Master should identify the official responsible for the mischief and submit the report to this Court on 9-6-2008. S.O. to 9-6-2008. (P.B.Majmudar, J.) (R.M.S.Khandeparkar, J.) sjs/A8a59.8 sjs/A8a59.8 sjs/A8a59.8