1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.Z. NO. 171/11 IN L.P.A. ST. NO. 3950/11 IN W.P. NO. 4308/10. Anil Marotrao Vairagade .vs. Rushideo Narayan Chaudhari & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.G. Bhangde, Senior Advocate for applicant, Mr. S.P. Bhandarkar, Advocate for respondent nos. 1,2 & 4. CORAM : S.A. BOBDE & S.B. DESHMUKH, JJ. DATED : APRIL 25, 2011. This is an application for condonation of delay. It appears from the application for condonation of delay that initially the applicant was not advised to file the present Letters Patent Appeal. However, in L.P.A. No. 38/09 an objection was raised that the said appeal had become infructuous in view of the judgment dated 5.10.2010 delivered in Writ Petition No. 4308/10 which had not been challenged. In the circumstances, the Advocate for the appellant considered it advisable to challenge the said judgment by filing the present Letters Patent Appeal. 2 The delay is not on account of any negligence nor is unexplained. Having regard to the circumstances of the case, we consider it appropriate to condone the delay of 3 months 17 days in filing the present Letters Patent Appeal. C.A. stands disposed of. S.O. to 2.5.2011 for admission. Judge Judge J.