1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.NO. 1144/2009 IN F.A.St.NO. 2743/2009 ( Deepak Prabhakarrao Parhate .vrs. Devika Deepak Parhate and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : AUGUST 4, 2009. Heard Shri S.A. Banik, learned Counsel for the Applicant. No body appears for respondents though served. Prayer is to condone delay of 114 days delay in filing First Appeal. It appears that against the order dated 19.07.2008 impugned in the first appeal, Writ Petition No. 4846/2008 was filed on 14.10.2008 and it was withdrawn on 21.01.2009. While withdrawing, liberty was given to file First Appeal and First Appeal is then filed along with the present application. Certified copy or the impugned judgment and decree was applied on 21.07.2008 and the same was received on 26.9.2008. In the circumstances, the delay is not deliberate and there are also no malafides, hence the delay is condoned. Office to register the First Appeal and list the same for admission. Civil Application is accordingly allowed. JUDGE JUDGE Rgd.