IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.213 OF 2009 IN WRIT PETITION NO.2955 OF 2008 Shri Gajanan Maharaj Shikshan Prasarak Mandal and another. ... Appellants Versus Shri Balu Srimant Sarvade and another. ... Respondents Mr. A.M. Joshi for the appellants. Mr. M.L. Patil for the respondent No.1. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 7TH SEPTEMBER, 2009 P.C. The present appeal would not be maintainable because the writ petition was filed by the respondents herein under Article 227 of the Constitution of India substantially and made prayers under that provision. 2. The learned Single Judge has exercised his power under Article 227 of the Constitution and condoned the delay. 3. Be that as it may, this appeal before us is not pressed. However, the learned counsel appearing for the appellants prays for liberty to raise the ground of delay if the final order is against the appellant. 4. The appeal is disposed of as not pressed. Liberty as prayed granted. CHIEF JUSTICE A.M. KHANWILKAR, J.