( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11800 OF 2008 IN SECOND APPEAL (STAMP) NO. 21439 OF 2008 Smt. Sindubai w/o Bhawrao Shinde and others. APPLICANTS VERSUS Sow. Arunabai w/o Vitthalrao Bhosle and others. RESPONDENTS ..... Mr. H.V. Tungar, advocate holding for Mr. C.R. Deshpande, advocate for the applicants. Mr. T.M. Venjane, advocate for respondent No. 1. None for other respondents. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5rd November, 2009] PER COURT : 1. The application is for condonation of delay. The delay is apparently enormous in as much as the appeal is filed after 374 days of the impugned decision. 2. What transpires from the explanation given in the application is that the suit was partly allowed and the decree was challenged before the first Appellate Court by filing an appeal. However, the application for ( 2 ) condonation of delay was rejected by the first Appellate Court and, therefore, it amounted to dismissal of the appeal itself. The order was challenged by filing writ petition No. 3885/2007. The writ petition was finally disposed of on 19-09-2008. This Court directed the appellants to avail appropriate remedy as may be permissible under the law. Thereafter, the second appeal has been preferred by the appellant. The time spent in litigating the cause on the issue of condonation of delay and by filing the writ petition is required to be excluded. It is nobody’s case that the applicants malafidely committed the delay or filed the writ petition. Considering these aspects, the application for condonation of delay is allowed, subject to payment of Rs. 1000/- in the office of the Legal Services Authority at High Court, Bench at Aurangabad. [ V.R. KINGAONKAR ] JUDGE NPJ/ca11800-08