1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.2030/2009 IN FA ST NO. 2699/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 14 th July, 2009. . Heard Counsel. 2) A sorry state of affairs is projected as the original plaintiff lost their two kids in a mishap owing to pits dug at the police headquarters. The suit was dismissed. There is delay of 309 days in causing to file the appeal. One of the reasons assigned was, Criminal Writ Petition no. 176/2008 was filed which came to be dismissed on 15.12.2008. Added to it is that the appellant no.1, being a driver in State Reserve Police Force (SRPF) was under compulsion to travel throughout Maharashtra and could not be in contact with his counsel. The third difficulty that crept in was to arrange the court fee. These aspects cumulatively are sufficient to explain to condone the delay. It is not a deliberate sabotage 2 to the so-called rescue remedies available to the respondents herein. The delay being properly explained, it is condoned, application allowed. 3) Notice in appeal to respective respondents. 4) Mr.Surve waives service for Respondent nos. 3, 4 and 5. 5) AGP waives service for State. 6) Call R. and P. S.O to 19th November, 2009. ( K.U.CHANDIWAL ) JUDGE bdv/ca2030.09