1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.63 OF 2008 IN LETTERS PATENT APPEAL (ST) NO. 4603 OF 2008 IN WRIT PETITION NO.3495 OF 2007 Shree Swami Vivekanand Shikshan Sanstha and another ...... Applicants. V/s Shri Sachin Sampatrao Desai & Ors. ...... Responents. ----- Mr. S.S. Pakale for the applicant. None for respondent No.1. Mr. R.M. Patne, G.P. for Respondent Nos. 3 & 4 - State. ----- CORAM: SWATANTER KUMAR, C.J. AND V.M.KANADE, J. DATE : 2ND JUNE, 2008. P.C.: 1. Nobody is present on behalf of respondent No.1 despite service and he is ordered to be proceeded against ex-parte in this application. The learned Counsel for respondent Nos. 3 and 4 submits that he has no objection if the delay is condoned as prayed in the application under consideration. The respondent No.2 is stated to be a formal party. 2 2. In view of the above circumstances and the facts averred in the application under consideration, we condone the delay in filing the present appeal. Civil Application No.63 of 2008 is allowed in terms of prayer clause (a). Delay is condoned. Appeal be listed for admission on 14/07/2008. CHIEF JUSTICE V.M. KANADE, J.