IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 312 of 2007. APPLICATION NO. 312 of 2007. APPLICATION NO. 312 of 2007. IN IN IN SECOND SECOND SECOND APPEAL ST.NO.29383 OF 2006. APPEAL ST.NO.29383 OF 2006. APPEAL ST.NO.29383 OF 2006. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Ms.Kavita Pawar holding for Shri Vijay Gharat for the Applicants. Shri A.A.Garge for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 22nd November, 2007. : 22nd November, 2007. : 22nd November, 2007. P.C.: P.C.: P.C.: 1. Heard the Advocate for the Applicants and the Advocate for the Respondents. The Application for condonation of delay is strongly opposed by the Advocate for the Respondents on the ground that there is no explanation for the delay. The Application discloses that the decree was passed by the District Court on 20th April 2005. On 31st August 2005 a writ petition was filed by the Applicant in this Court for challenging the said decree. On 6th November 2006 writ petition was allowed to be withdrawn with liberty to file second appeal. Thereafter this Appeal has been filed in February 2007. In view of the pendency of the writ petition in this Court, sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). Second Appeal shall be placed for admission on 31st January 2008. Judge. Judge. Judge.