-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO. 32 OF 2008 Sadashiv Vishwanath Barve through LRs 1a. Smt. Usha Sadashiv Barge & ors : Appellants v/s M/s. Shah Jitendrakumar Babulal & ors : Respondents San Yusuf Bangwal advocate for appellants Vipin R. Kawle advocate for respondents Coram : S.P. Davare, J. Date : 13.2.2009 P.C. . Perused and heard both the learned counsels for the parties. The applicants original defendants have preferred present CA for condonation of delay which occurred for about 2 years and 286 days. The respondent opposed the present application. . It is the contention of the applicants that being aggrieved by the judgment and order dt. 21.3.2004 passed by first ad-hoc District Judge, Nashik the applicants had preferred writ petition no. 8437/05 before this court. However when the said writ petition came up before Shri Justice S.A. Bobde for hearing he was pleased to hold that writ petition does not lie and the civil revision application is proper remedy and therefore he was pleased to pass an order on 5.10.2007 disposing of said writ petition and grant -2- liberty to file CRA. Accordingly the applicants submit that they filed annexing CRA on 15.10.2007. The applicants further submit that the applicants were contesting aforesaid writ petition bonafidely and therefore delay occurred in filing annexing CRA be condoned. . Considering the foregoing facts it is apparent that the delay occurred in filing annexing CRA is not willful and intentional. It also appears that the applicants were contesting the above referred writ petition bonafidely which infact was not the proper remedy as held by Hon’ble Shri Justice Bobde and thereafter the applicants have opted the proper remedy of filing CRA as per the liberty granted in the order passed by Hon’ble Justice Bobde on 5.10.2007. . In the circumstances present application is required to be allowed in the interest of justice and accordingly delay occurred in filing annexing CRA for about 2 years and 286 days stands condoned and present CA stands disposed of accordingly. CRA be fixed for admission in due course. (S.P. Davare,J)