1 LPA24995/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.431 OF 2011 IN LETTERS PATENT APPEAL (L) NO.24995 OF 2011 IN WRIT PETITION NO.3170 OF 2011 Samartha Education Society and anr. ...Appellants v/s Vinay D. Ghorpade and others ...Respondents Ms V.B. Mohite i/b Mr V.S. Talkute for Appellants. None for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 24TH NOVEMBER 2011. 2 LPA24995/11 P.C. :- 1] This is an application filed for condonation of delay in filing the appeal. The delay is of 18 days. Therefore, we have heard the learned counsel appearing for appellants on merits to find out whether the appellants have prima facie case. The appeal is directed against the order passed by the learned Single Judge dated 15th July 2011 in writ petition No.3170 of 2011. That petition was filed by the present respondent by name Vinayak Ghorpade challenging the order of the School Tribunal, Kolhapur rejecting his application for condonation of delay in filing appeal before the School Tribunal. He was working in a recognised private school. His services were terminated and therefore, he filed an appeal before the School Tribunal under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977. In the appeal, he filed an application for condonation of delay. That application was rejected by the School Tribunal. The learned Single Judge, 3 LPA24995/11 after perusing the record has found that provision of section 5 of the Limitation Act the term  sufficient cause is to be liberally construed for advancing justice and has therefore allowed the petition and directed the School Tribunal to condone the delay. The consequence of the order is that the appeal filed by the respondent will now be heard on merits. In our opinion, as by the order impugned in the appeal merely delay in filing appeal before the School Tribunal is condoned, it will not be appropriate to entertain the appeal. The learned counsel appearing for appellants submitted that the appeal was filed before the School Tribunal after almost a year of the termination. In our opinion, though the delay in filing appeal is condoned, the ground that the appellant took before the School Tribunal took a long time to challenge the termination order can be a ground that can be urged by the respondents before the School Tribunal in support of their case that no relief should be granted to the appellant before the School Tribunal. In this view of the matter therefore, no useful 4 LPA24995/11 purpose will be served by condoning the delay. Civil application and appeal are therefore disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )