( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3049 OF 2008 Gopal s/o Ganpatrao Pujari PETITIONER VERSUS Vimalbai w/o Ramrao Pujari and others. RESPONDENTS ..... Mr. Afzal Hussain, advocate for the petitioner. Mr. V.C. Solshe, advocate for respondent No. 1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 9th July, 2009] PER COURT : 1. Heard. 2. The petitioner’s application for condonation of delay (Misc. Appln. No. 2/2007) came to be dismissed. The petitioner had filed an appeal against judgement and decree of the trial Court and the same was delayed and, therefore, he sought condonation of delay. The dismissal of such application amounts to dismissal of the appeal and, therefore, the remedy available to the petitioner ( 2 ) is to file second appeal. The Apex Court has taken such a view in “Shyam Sunder Sarma v. Pannalal Jaiswal and others” (2004 AIR SCW 6513). The present petition is, therefore, dismissed. The ad-interim relief to be continued for four (4) weeks further. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/WP3049-08