1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9 OF 2009 IN APPEAL FROM ORDER ST. NO. 24819 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR,J. DATED : 16.07.2010 1. This is an application filed by the applicant who wants to file Appeal from Order for condonation of delay of 283 days. It is argued before this Court by Adv. Shri Adwant that he had filed Writ Petition No. 2430 of 2008. Now it is not disputed that the writ petition was filed on 12.03.2008 and the same was withdrawn on 14.10.2008, as proper remedy was to file Appeal from order under Order 43 Rule 1 (r) of C.P.C. 2. It is stated by Adv. Shri S.R. Deshpande for the respondents that inspite of withdrawal of the writ petition on 14.08.2008, present Appeal from Order was not filed immediately on 2 15.08.2008. No sufficient reasons are given for the delay. 3. The original matter appears to be of partition of ancestral property and the plaintiff’s sister claims to be in possession of particular portion of the house. Considering that the plaintiff is a housewife by occupation and considering that major portion of the delay is due to prosecuting the writ petition, this application is allowed; delay condoned. The Appeal from Order be registered. The applicant to pay costs of Rs. 1000/- (Rupees One Thousand Only) to the respondents as costs of this application. [P.R. BORKAR, J.] snk/2010/JUL10/ca9.09