1 ca 1447-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1447 OF 2010 IN APPEAL FROM ORDER (STAMP) NO. 16269 OF 2010 Smt.Manju Baliram Dhakwal & Ors. ...Applicants vs. Mr.Mohan Madhukar Naik & Ors. ...Respondents Mr.V.S. Kapse for the Applicants. Mr.Pankaj Thatte for Respondent Nos.1 and 2. CORAM : B.R. GAVAI, J. DATED : JANUARY 21, 2011 P.C :- 1 This is an application for condonation of delay. The application is vehemently opposed on the ground that the appeal from order itself is not tenable in view of the rejection of writ petition wherein the order impugned in the present appeal is also impugned. 2 The writ petition is rejected on the ground that the petitioner has alternate remedy by filing 2 ca 1447-2010 an appeal under Order 41 Rule 1 of the CPC. In that view of the matter, I am not inclined to accept the preliminary objection raised by the non-applicant. 3 Taking into consideration the fact that the petitioner has bonafidely prosecuted alternate remedy, I am of the considered view that the petitioner is entitled to benefit of Section 14 of the Limitation Act. In that view of the matter, the application is allowed. Delay condoned. Appeal to come up for admission as per computer date. (B.R. GAVAI, J.)