1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.10082 OF 2009 IN APPEAL FROM ORDER NO. 85 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Shri K.M. Nagarkar, Advocate, for the applicant. 2. This is an application seeking condonation of delay almost of six months in filing Appeal from Order. Appeal from Order is directed against refusal on 15.11.2007 by learned Civil Judge, Jalgaon, to grant temporary injunction application Exh. 6 in Special Civil Suit No.213 of 2007. However, against the said refusal, the applicant by mistake had filed Miscellaneous Civil Appeal No.77 of 2007 in the District Court. The 2 District Court by order dated 3.5.2008 dismissed the said appeal by observing that it had no pecuniary jurisdiction and thereafter on 30.6.2008 present appeal from order is filed. The period between 13.12.2007 to 30.6.2008 deserves to be condoned under Section 14 of the Limitation Act. 3. Learned Counsel for the Respondent vehemently opposed condonation of delay. However, delay was mainly caused due to wrong filing of Miscellaneous Civil Appeal No.77 of 2007 in the District Court and when it was realized that the District Court had no jurisdiction, present Appeal from Order is filed. 4. In the circumstances, application allowed and delay is condoned. Since the Appeal from Order is already registered, place the same for admission in due course. Date:29/09/2009 (P.R.BORKAR, J.) pnd/ca10082.09