spb/- 1 wp636-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 636 OF 2011 Ramesh Ramchandra Sonawane ... Petitioner. V/s. Ragho Jibahu More ... Respondent. ----- Mr.Ashish Giri i/by M/s. Jay & Co. for the Petitioner. Mr. N.N. Patil i/by M.N. Sandhyanshiv for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 04th JULY, 2011. P.C. : 1 Heard learned counsel for the parties. 2 By order dated 3rd January, 2009, the learned District Judge allowed the application no. 07/2008 filed by the respondent (applicant in the original application) for condonation of delay. It is the grievance of the petitioner (opponent in the delay condonation application) that the order, allowing the application was passed without notice and without giving an opportunity of hearing to the petitioner. Learned counsel for the respondent fairly concedes that the notice of the application for condonation of delay was not given to the petitioner and the petitioner was not heard in the matter. spb/- 2 wp636-11.sxw 3 In view of this, the petition succeeds and the impugned order is set aside. The matter is remanded back to the District Judge, Malegaon, Dist. Nashik for deciding the application no. 07 of 2008 (for condonation of delay) afresh after giving a notice to the present petitioner (opponent before the District Court) and giving him an opportunity of hearing. [D.G. KARNIK, J.]