IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4933 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda of Court’s or Judge’s Coram, appearances, Court’s orders orders or directions and Registrar’s orders -------------------------------------------------------------- Mr.Deepak Chitnis for the petitioners. Mr.S.M. Tendulkar for respondent No.1. CORAM : J.P. DEVADHAR, J. CORAM : J.P. DEVADHAR, J. CORAM : J.P. DEVADHAR, J. DATED : 18th February, 2008 DATED : 18th February, 2008 DATED : 18th February, 2008 P.C. : 1. This petition is directed against the order passed by the learned District Judge dismissing the application for condonation of delay in filing the appeal. 2. In this case, the respondent No.1 had filed R.C.S. No.99 of 2004, wherein an order was passed on 11-5-2005 restraining the petitioners from creating any third party rights. Against said order, the petitioners filed appeal on 28-10-2005. As the appeal was delayed by 140 days, the petitioners took out an application seeking condonation of delay inter alia on the ground that their advocate did not communicate the order passed on 11-5-2005 and that the petitioner No.1 was ill during the relevant period. The learned District Judge rejected the application for condonation of delay and consequently the appeal was dismissed. Challenging the aforesaid order, present petition is filed. 3. Although the learned Advocate for the petitioners had submitted that serious prejudice is caused to the petitioners by not condoning the delay, in my view, since the stay order passed by the Trial Court has been in operation for nearly three years, it is just and proper to direct the Trial Court to dispose of the suit expeditiously. Accordingly, the learned Trial Court is directed to dispose of the R.C.S. No.99 of 2004 as expeditiously as possible and preferably within a period of one year from the date of receipt of this order. 4. With these observations, the writ petition is disposed of with no order as to costs. J.P. DEVADHAR, J.