1 caa61.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No. 61 of 2011 In Appeal from Order no. 822 of 2010 Mrs. Mebal Domnic D’Souza ...Applicant v/s. Ruhullah Mohammed Bashir Khan & ors. ..Respondents Mr. A.S. Malvankar for the applicant. Mr. M. Shaikh i/b. A.A. Siddiqui for respondents. CORAM:- B.R. GAVAI, J DATED :- JANUARY 18, 2011. P.C. This is an Application for condonation of delay. 2. The Learned Counsel for the Applicant submits that the Applicant under bonafide mistake had challenged the order impugned in the present Appeal by way of Civil Revision Application and the same was filed within time. It is submitted that, however, after realising the mistake, the Civil Revision Application was withdrawn and Appeal was preferred. 2 caa61.11.sxw 3. In that view of the matter, I find Application is entitled to benefit of Section 4 of the Limitation Act. The Application is, therefore, allowed. 4. Post the Appeal for admission on 8th February, 2011. (B.R. GAVAI, J)