IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2184 OF 2008 IN FIRST APPEAL NO. 9312 OF 2008 Smt.Laxmiben Nanji Shah & Ors. ...... ...... Applicants V/s Hariram Khashaba Shinde & Ors. ...... ...... ...... Respondents. Ms.Deepa Chavan i/by M/s.Divekar & Co., Adv. For the applicants. Ms.Gauri Jadhav, Adv. For respondents 1 & 2. CORAM: R.V. MORE, J. 21st OCTOBER, 2008. PC: Heard Ms. Chavan, Adv. For the applicant and Ms.Jadhav, Adv. For respondent Nos. 1 & 2. This application is taken out for condonation of delay of 332 days in filing the appeal. Learned counsel for the applicant submitted that the impugned order was passed on 15.3.07 and this order was challenged by filing writ petition on 5.7.2007. When the applicant came to know that writ petition will not lie and in fact First Appeal is maintainable writ petition was withdrawn on 20.12.2007 and present First Appeal was filed on 12.3.2008. In these facts and circumstances aforesaid delay has caused. 2. Ms.Jadhav, learned advocate for respondents 1 and 2 opposes 1 the application submitting that the applicant has not explained the delay satisfactorily in filing First Appeal after withdrawal of writ petition. 3. Having heard learned counsel for respective parties and having gone through the contents of the application in my opinion, applicants are entitled to claim benefit under section 14 of the Limitation Act for the period between 5.7.07 and 20.12.07. The delay after withdrawal of writ petition also deserves to be condoned, subject to payment of costs to respondents 1 & 2. Hence following order is passed: Civil Application is allowed. Delay of 332 days is condoned subject to payment of costs of Rs.1,500/- to each of respondents 1 & 2. Costs to be paid within a period of four weeks from today. Office is directed to proceed further. Civil Application stands disposed of. 21.10.08 (R.V. MORE, J.) 2