1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7298 OF 2008 Appasaheb s/o Karbhari Gunde ...Petitioner Versus Gorakhnath s/o Madhavrao Adhav ...Respondent ..... Mr. N.D. Sonwane h/f Mr. A.D. Shinde, advocate for the petitioner Mr. N.R. Bhawar, advocate for respondent. ..... CORAM: S. S. SHINDE, J. DATED: 30TH SEPTEMBER, 2009 PER COURT:- 1 This petition is directed against the order dated 15.7.2008 passed by the Adhoc District Judge, Kopargaon thereby rejecting the application filed by the petitioner for condonation of delay in filing appeal. 2 Learned counsel appearing for the respondent, at the threshold, has raised objection about maintainability of the petition in view of the pronouncement by this Court in writ petition No. 932 of 2008 alongwith other connected matters. Learned counsel, on the basis of the said judgment, would submit that in view of the observations made in para 2 6, 7 and 8 of the said order, this petition is not maintainable. Learned counsel appearing for the petitioner has not disputed this position. 3 In the result, writ petition is dismissed with liberty in favour of the petitioner to avail appropriate remedy as available in law. Needless to mention that a considerable time has been lapsed in pursuing this matter, the concerned Court may take into consideration the said fact in view of provisions of Section 14 of Limitation Act, while entertaining further proceeding, which would be filed by the petitioner. (S.S. SHINDE, J.) rlj/