usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.806 OF 2008 PETITION NO.806 OF 2008 PETITION NO.806 OF 2008 Smt. Vatsalabai Laxman @ Manohar Kanchan ..Petitioner Vs. Smt. Indubai V. Kanchan ..Respondent ...... Mr. S.S. Kanetkar i/by Mr. G.S. Godbole for the Petitioner Mr. A.B. Avhad for Respondent No.2 Mr. S.D. Rayrikar, AGP for Respondent-State ...... CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 10TH FEBRUARY, 2009 : 10TH FEBRUARY, 2009 : 10TH FEBRUARY, 2009 P.C. P.C. P.C. 1. The petitioner has challenged the impugned order dated 3.12.2007 whereby an application filed by the respondent for condonation of delay in an appeal against the order dated 29.4.1971 passed by the Tahasildar, Haveli (Pune) is allowed. There was a delay of more than 33 years, the appeal is of dated 2.12.2004. Admittedly, there is no reason given to condone the delay of 33 years. Therefore, without observing anything on merit of the order, the impugned order is quashed and set aside. ( 2 ) 2. The learned Counsel appearing for the respondent submitted that the appeal is already admitted based upon the impugned order, which is fixed for final hearing. Therefore, to avoid further delay and in the interest of justice, the learned Sub-Divisional Officer to rehear the application for condonation of delay and pass appropriate order by giving reasons. The appeal be heard thereafter immediately. 3. Petition is accordingly allowed with no order as to costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)