1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7494 OF 2010 Yeshwant s/o Nagnath Mule and another Petitioners Versus Bhujang s/o Nivruti Mule and others Respondents CORAM: R.M.BORDE, J. DATE : 01 st October, 2010. P.C.: 1 None appears for petitioners. 2 Petitioners are challenging the order dated 08.04.2010, passed by District Judge-1, Latur in Misc. Application No. 179/2008, thereby rejecting the application seeking condonation of delay occurred in filing appeal to the first appellate Court. 3 In view of the judgment of the apex Court in the case of Shyam Sundar Sarma Vs. Pannalal Jaiswal and others, reported in (2005) 1 SCC 436, Second Appeal is entertainable against rejection of application seeking condonation of delay occurred in presenting appeal. In view of availability of remedy, 2 instant writ petition is not maintainable. 3 Writ Petition, therefore, stands rejected. However, petitioners shall have liberty to avail of alternate remedy. (R.M.BORDE) JUDGE ******* adb/wp749410