1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2579 OF 2010 Bhartiya Sports Institute Jalgaon .. PETITIONER VERSUS State of Maharashtra & another .. RRESPONDENTS Mr. L.V. Sangit, Advocate for the petitioner. Mr. V.B. Ghatge,AGP for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 An application tendered by the respondents seeking condonation of delay in presenting miscellaneous appeal has been allowed by the first appellate court vide order dt. 30-11-2009 and the said order is subjected to challenge in the petition by the petitioner. 2 Petitioner is the original plaintiff in Regular Civil Suit no. 174/2008. Suit is presented by the plaintiff seeking a decree of declaration and injunction 2 and in the pending suit, application seeking interim order was presented by the plaintiff. The application came to be allowed by the trial court. Defendants / respondents herein preferred appeal against the interlocutory order passed by the trial court. However, there was delay in presenting the appeal. As such, application seeking condonation of delay in presenting the appeal came to be presented. Delay is stated to be of three months. Considering the contentions raised by the respective parties, the first appellate court was pleased to condone the delay. 3 Considering the facts and circumstances of the case, no interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 4 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp2579.10.odt