IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.3873/2008 Bhimrao Jadhao & anor ..vs.. Premdas Rathod =================================== CORAM : B. P. DHARMADHIKARI, J. DATE: 30.9.2008 Head Advocate Joshi for the petitioner and Advocate Thakkar for the respondent. Advocate for respondent points out that in view of Judgment reported in 2005 Mh.L.J. Vol. VI Page 34 this writ petition is not maintainable and as the order refusing to condone the delay constitutes dismissal of the appeal itself & only second appeal is maintainable. Advocate Joshi is disputing this position. However, in the circumstances I find that the present writ petition is not maintainable, hence writ petition is disposed of as not maintainable with liberty to petitioner to file appropriate proceedings in accordance with law. JUDGE smp