1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CIVIL APPLICATION NO.2392/2006. In A.O.ST.NO.5822/06. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKAR,J. DATE : 8th January, 2007. 1. Heard Shri Anand Parchure, Advocate for the appellants. 2. This is an application for condonation of delay in filing an appeal against the order. 3. The trial court has passed an order on 13th April, 2005 whereby the application for injunction was allowed. The appellants instead of preferring an appeal against the order of injunction, preferred a writ petition. When the writ petition came up before this court for hearing on 27th March, 2006, it was observed by the court that a writ petition could not lie and appeal ought to have been filed. As such this court was pleased to grant permission to the petitioners to 2 withdraw the writ petition and to file an appeal. It appears, therefore, that the appellants were bonafidely prosecuting the proceedings before the court. As such under Section 5 of the Limitation Act, the period for which the proceedings were being prosecuted bonafidely in court not having jurisdiction has to be condoned. As such the delay in filing this appeal needs to be condoned. Hence, the application is allowed. The delay in filing the appeal is condoned. JUDGE pzc