IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO. 6312 OF 2009. IN SECOND APPEAL(ST) NO. 12018 OF 2009. Azimuddin S/o Aminoddin @ Miyakhan and others Applicants. V E R S U S Mahadu S/o Tukaram Ghuge and others. Respondents. ------------------------------------------ Smt.Geeta Deshpande,Advocate for applicants. None present for respondents. ------------------------------------------ CORAM : A.V. NIRGUDE, J DATE : 18th September,2009. PER COURT : 1. Heard. 2. The applicants seek condonation of delay in filing the second appeal. The impugned order was passed on 18th August,2006. Thereafter, in September,2006 the appellants instead of filing second appeal, filed Writ Petition, which remained pending till 22nd April 2009. It was withdrawn on 15th June, 2009. This appeal is filed with an application seeking condonation of delay. It is contention of the appellants that they were advised wrongly to file Writ Petition. Due to pendency of Writ 2 Petition, the delay is caused in filing of this appeal. Besides, the period for which Writ petition was pending there does not appear any lethargy on the part of the appellants. The respondents are served through Shri S.J.Thorat, Advocate, who has filed Vakalatnama but has not remained present before the Court. The respondents have not filed reply and opposed the application also. In view of this, the delay deserves to be condoned. The delay stands condoned. The appeal be registered. ( A.V.NIRGUDE, J. ) MTK/ca.6312.09