1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1212 OF 2009 IN APPEAL FROM ORDER (ST) NO. 22493 OF 2009 Olvin S. Lobo ... Applicant v/s Roque Francis Rodrigues ... Respondent Mr.N.V.Sharma for the applicant. Mr.Denzil D’Mello for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JANUARY, 2010 P.C.: 1. The civil application has been filed for condoning the delay in preferring the appeal. 2. The applicant had earlier preferred a writ petition being Writ Petition No.6499 of 2009. That writ petition was rejected on 14.8.2009 since a remedy of an appeal was available to the applicant. There is a delay of 125 days’ in approaching this Court on the part of the applicant. 2 However, it is obvious that the applicant had taken up incorrect proceedings of filing a writ petition for impugning the order passed by the Trial Court. Undoubtedly, the appeal has been preferred on 20.9.2009, one month after the order rejecting the writ petition. 2. In the circumstances, civil application allowed. Delay condoned. 3. List the appeal from order for admission on 22.2.2010. ..... 3