1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION C.A.F. NO.5323 OF 2007 IN FIRST APPEAL STAMP NO.22270 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Dilip Bodake for the appellants. CORAM : ANOOP V. MOHTA,J. DATED : 28.04.2008 P.C. Pursuant to order dated 3.3.2008 the appellant failed to take steps and hence application itself stand dismissed for want of prosecution against respondents 1 and 2. It is survived against respondent no.3. This is an application for condoning the delay of 36 days in filing the first appeal. Pursuant to the conditional order this application is survived only against respondent no.3 as averred and in view of the reasons stated and as 2 sufficient case is made out, this application is allowed in terms of prayers (a) and (b). Appeal be listed for admission after registration. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]