ash 1 caf-5516.08 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5516 OF 2008 IN FIRST APPEAL ST.NO.25801 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Dipak Deshmukh i/by M/s. K.P. Tiwari & Co for the Applicants. Shri Mehul Shah i/by Shri Bharat Joshi for Respondent Nos.8 and 11. -- CORAM : A.S.OKA, J. DATE : 28TH SEPTEMBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent Nos.8 and 11. 2. This is an application for condonation of delay in preferring an Appeal. 3. Perusal of the Memorandum of Appeal shows that the challenge in the Appeal is to the order passed by the City Civil Court in a Notice of Motion taken out by the Applicants. The said Notice of Motion was taken out for setting aside the order of dismissal of the suit. 4. The impugned order passed on the Notice of ash 2 caf-5516.08 motion is not a decree. Hence, the First Appeal is not maintainable. As the First Appeal is not maintainable, the application for condonation of delay cannot be entertained. Accordingly, the application is dismissed with liberty to the Applicants to adopt appropriate proceedings for challenging the impugned judgment and order. 5. Civil Application No.5517 of 2008 does not survive and the same is disposed of. (A.S.OKA, J)