IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO.784 OF 2010. (M.I.D.C. THR. EXECUTIVE ENGINEER....VS... NATHUJI RAOJI ARDAK & ORS.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Ms. Ashwini Athalye, Advocate for Appellant. Mrs. Indira Bodade, A.G.P. for Respondents No.2 and 3. CORAM : SMT. VASANTI A. NAIK, J. DATED : AUGUST 25, 2010. Heard learned counsel for the parties. 2. It is necessary to note that there was some delay in filing the first appeal and an application for condonation of delay was filed by the appellant. The application for condonation of delay in filing the appeal however, came to be dismissed against respondent No.1 (claimant) by an order passed on 16.12.2008. Thus, it appears that delay in filing the appeal is condoned only against the State of Maharashtra and not against the contesting respondent. The First Appeal, as it stands today, is therefore, filed only against the State of Maharashtra, which is not a contesting party. 3. In such circumstances, no purpose would be served in admitting the appeal which is already dismissed against the original claimant by an order dated 16.12.2008 and the delay in filing the appeal is also not condoned against the original claimant. Hence, the first appeal is dismissed with no order as to costs. JUDGE RR.