1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1103 OF 2007 IN APPEAL FROM ORDER STAMP NO.22963 OF 2007 Shri Saishkumar Satyanarayan Agarwal : Applicant. Versus Shri Dadabhau Dhanaji Slave & ors. : Respondents. Shri Siddharath Panshe I/by Shri Girish S Godbole for the Applicant. Shri S C Daswadikar I/by Shri Uday Warunjikar for the Respondent Nos.1 to 3. CORAM : R.M.SAVANT, J. DATED : MARCH 23, 2009 P.C. 1. Leave to amend so as to correct the prayer clause as to replace the word “Writ Petition” by the word “Civil Application”. 2. By the above Civil Application, the Applicant prays for condonation of delay of 130 days in filing the Appeal. The reasons for the delay are mentioned in the above Civil Application. The sum and 2 substance of the reasons is that the order impugned is one passed in Misc. Civil Application No.527 of 2004 which was filed by the Applicant for restoration of Special Civil Suit No.1884 of 1995. The Appellant had filed Writ Petition No.4177 of 2007 impugning the order passed in the said Misc. Civil Application which was allowed to be withdrawn with liberty to adopt appropriate proceedings challenging the impugned order. It is the case of the Applicant that in the said circumstances the delay has occurred. 3. On behalf of the Respondent Nos.1 to 3 the above Civil Application is opposed. The said Respondents have also filed their affidavit in reply. 4. In my view, considering the reasons set out in the above Civil Application, case for condonation of delay is made out. The above Civil Application is, therefore, allowed in terms of prayer clause (a). 3 5. The Applicant to pay costs of Rs.1,000/- to the Respondent Nos.1 to 3 within four weeks from date. 6. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]