pvr １ nma740-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.740 OF 2011 IN APPEAL (LODG) NO.137 OF 2011 IN NOTICE OF MOTION NO.3489 OF 2006 IN NOTICE OF MOTION NO.2926 OF 2007 IN SUIT NO.2897 OF 2006 Chand Co-op.Housing Society Ltd. ...Appellant vs. M/s.Sangeet Constructions. ...Respondent --- Mr.J.P.Sen i/b. M/s.Harakhchand & Co., for Appellant. Mr.D.D.Madan, Sr.Advocate i/b. Sonal Doshi & Co., for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V.MOHTA, JJ. DATED: 12th September,2011. pvr ２ nma740-11 P.C.:- 1. This is a notice of motion taken out by the defendant for condonation of delay in filing appeal. The delay is of 111 days. The order against which the appeal is preferred, admittedly, was to operate against the appellant only till 31.12.2010. This appeal itself has been filed after that date. The learned Counsel appearing for appellant states that he has filed the appeal though the order, on the date he has filed the appeal, ceased to operate against him, because there are certain observations made in the order which the appellant wants to challenge. It is common ground that the plaintiff has also filed appeal against same order and that appeal has already been admitted. If the appellant feels aggrieved by the observations made by the learned Single Judge in the order, he can adopt appropriate proceedings in the appeal filed by the plaintiff, challenging those observations, pvr ３ nma740-11 and only for that purpose, it is not necessary to entertain this appeal. In this view of the matter, therefore, in our opinion, no useful purpose will be served by condoning the delay. Notice of motion is, therefore, disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)