IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.F. No.1795/2010 in F.A. St. No.12817/2010 ( Sau. Satybhama W/o Chintamanji More ..V/s.. Shri Sandesh S/o Bhauraoji Jamgade ) Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. Shri S.U. Bhuyar, Adv. for applicant. CORAM: SMT. VASANTI A. NAIK, J. DATE: 4 th AUGUST 2010. It appears from the statement of facts made in the civil application that there is no delay in filing the first appeal as the appellant has challenged the judgment and decree dated 18/11/2009. The applicant had mistakenly filed first appeal before the learned District Judge, Nagpur on 29/1/2010 under a bonafide belief that the appeal was tenable before the learned District Judge. The learned District Judge however, returned the appeal to the appellant/applicant on 3/7/2010. The present appeal is filed on 27/7/2010, hence there is no delay in filing the first appeal. The civil application for condonation of delay is therefore, disposed of. The office is directed to register the first appeal as it was necessary to exclude the time which was spent by the applicant/appellant in bonafide prosecuting the matter before the learned District Judge, in view of the provisions of section 14 of the Limitation Act. The matter may be listed for admission in the next week. JUDGE Tambaskar.