SRJ wp-4955-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4955 OF 2009 Shri Sunil A. Pokale ..Petitioner. Vs. Akhil Bharatiya Kumbhar Vidyarthi Sahayak Sanstha & Ors., ..Respondents. Mr.A.B.Tajane for Petitioner. CORAM : A.S.OKA, J.. DATE : 8th October, 2009. P.C. : 1] Heard learned counsel appearing for the Petitioner. The First Respondent is a Registered Public Trust under the Bombay Public Trusts Act, 1950. There was a delay on the part of the First Respondent in preferring appeal to the District Court. By impugned order, the said delay has been condoned. 2] The learned counsel appearing for the Petitioner invited my attention to the documents relating to proceeding before the revenue authorities. He pointed out that the said documents show that long before the application for condonation of delay was filed, the First Respondent had knowledge about the suit and the decree passed therein. He submitted that SRJ wp-4955-09.sxw 2 the said fact has been ignored by the learned District Judge while condoning the delay. 3] I have carefully considered the submissions. As stated earlier, First Respondent is a Public Charitable Trust. The Appellate Court has accepted an explanation for delay on the part of the Public Charitable Trust. The trust has suffered an ex-parte decree. The learned District Judge has considered the facts that the First Respondent is a trust. The delay of about 2200 days has been condoned subject to payment of costs of Rs.5,000/- 4] In extraordinary jurisdiction of this Court, under Article 227 of Constitution of India, it not possible to interfere with the discretionary order passed by the Appellate Court. No case is made out for interference. Hence, Petition is rejected. (A.S.OKA, J. )