ash 1 caf-2462.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2462 OF 2011 IN FIRST APPEAL ST.NO.16079 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Amay Tamhane i/by Smt. Seema Sarnaik for the Applicant. Shri Anilkumar Patil for Respondent No.7. -- CORAM : A.S.OKA, J. DATE : 4TH OCTOBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the 7th Respondent, who has opposed the application. The learned counsel appearing for the Applicant states that the other Respondents have been duly served. 2. By the impugned decree which is sought to be challenged in the Appeal, the suit filed by the contesting Respondent Nos.1 to 6 was decreed and counter-claim preferred by the Applicant was dismissed. Technically ash 2 caf-2462.11 two appeals ought to have been preferred as there are two separate decrees passed in the suit and in the counter-claim. However, one combined appeal was preferred by the Applicant which was admitted by this Court and is pending for final hearing. Now a separate appeal has been preferred for challenging the decree passed in the counter-claim and, therefore, there is a delay of more than 14 years. 3, As stated earlier, a common appeal challenging both the decrees was filed and the same was admitted and, therefore, the delay deserves to be condoned. The Application is therefore allowed in terms of prayer clause (a). (A.S.OKA, J)