jpc 1 wp9204-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9204 OF 2011 Dilippuriguru Hirapuri Gosavi and others ... Petitioners Versus Shambhupuri @ Nispuri Math and others ... Respondents Mr. Sugundh B. Deshmukh for the petitioners CORAM: R. M. SAVANT, J. DATED : 13th December, 2011 P.C. : 1. The above petition takes exception to the order dated 18th July, 2011 passed by the learned District Judge-1 Vaduj by which order the application for condonation of delay in filing appeal under Section 72 of the Bombay Public Trusts Act, 1950 came to be allowed and resultantly, the delay of two years, three months and 12 days in filing of the said appeal came to be condoned. 2. The respondents herein sought to challenge the order passed in the Scheme Application order dated 7th April, 2008. It was their case that they were not aware of the said proceedings and became aware of jpc 2 wp9204-11.sxw the same later on in view of the fact that they were not party to the said proceedings. The said reason was found worthy of acceptance by the learned District Judge for condoning the delay. 3. It is sought to be contended on behalf of the petitioners by learned counsel Mr. Deshmukh that the reason of not being aware of the proceeding of the Scheme Application cannot be accepted in the teeth of the fact that an application was made to the Police Sub Inspector by the respondents in which application they have made reference to the proceedings regarding the Scheme Application, and it is therefore the contention of the learned counsel that the respondents were aware of the said proceedings. 4. Be that as it may, the trial Court, for the reasons mentioned in the impugned order, has condoned the delay by exercising the discretion in favour of defendant no.2. The trial Court has also imposed cost of Rs.800/- on the said defendant whilst allowing the said application. In my view, no interference is called for with the said exercise of discretion by the trial Court. In that view of the matter, no case for interference is made out. Writ Petition is accordingly dismissed. (R. M. SAVANT, J.)