1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.9266/2009 IN CRA NO.51/2008. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 5 th February, 2010. ... 1) Heard. 2) The applicant seeks to condone delay caused in preferring the CRA. 3) The chequered history between the litigants is referred in the application. The short point is as against the Judgment and decree in RCA No.91/2003 dated 23.12.2005, the applicant herein preferred a Second Appeal being Second Appeal No.268/2006 on 13.2.2006 which was within limitation. However, it transpired that the Second Appeal was not maintainable. Consequently, writ petition came to be lodged on 17.8.2006. The unfortunate part following the applicant herein did not stop. He was again required to face a brunt of mistake. Writ Petition was forced to be withdrawn directing him to take recourse in CRA and consequently on 2 4th February, 2008, he withdrew the writ petition, got it converted into CRA on 15th February, 2008. Thus, the period from 23rd December, 2005 to 15.2.2008 was killed in the above exercises, which was certainly in good faith, will not amount to any deliberate breach in taking recourse and consequently, delay if any, is condoned. Application allowed. (K.U.CHANDIWAL) JUDGE bdv/ca9266.09