: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1501 OF 2009 IN FIRST APPEAL (ST.) NO.7898 OF 2009 M/s. Prabhu Parshwa Associates .. Applicants V/s. Suresh Vishwanath Bajare .. Respondent ..... Mr. R.D. Soni i/by M/s. Ram and Co. for the applicants Mr. Vijay Killedar i/by Nitin Jamdar for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 19TH JUNE, 2009. P.C. : 1. This Civil Application is for condonation of delay of 190 days in filing the First Appeal. The delay is sought to be explained in terms of paragraph 4 in as much as according to the applicants they were not knowing about the institution of the suit and passing of the decree. It is claimed that only when they : 2 : received notice on 28 th November, 2008 for execution, they camem to know about the suit. Thereafter, steps are taken for getting the certified coy which was served upon them on 2 nd March, 2009 and thereafter the appeal came to be filed. Learned advocate Mr. Soni pressed for orders in terms of the civil application as against this learned advocate Mr. Killedar pressed that this civil application should be dismissed on the ground that reasons set out in the first appeal memo are same as set out in the civil application arising out of the non service of the summons on the applicants. In my view, there will be a little distinction between the reasons set out in the appeal memo to challenge the decree and reasons for granting civil application for condonation of delay. Hence, I take it that the decree came to be known to the appellant on 28 th November, 2008. Hence, the civil application is required to be granted by passing following order. ORDER . Civil Application is made absolute in terms of prayer clause (a). Delay is condoned. . There shall be no order as to costs. : 3 : . Interim relief granted in terms of Civil Application No.1502 of 2009 to continue till 1 st July, 2009. Appeal be fixed for admission on 29 th June, 2009. Appellant to give a copy of the appeal compilation to learned advocate Mr.Jamadar. (R.Y. Ganoo, J.)