1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CAA. No. 68 OF 2009 (In AOST8479/09) Smt. Indubai w/o Suresh Kurekar & anr. v. Smt. Shobha w/o Suresh Kurekar & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. P.A. Markandeywar Advocate for the Applicants. Mr. R.D.Bhuibhar Advocate for Respdts. 1 to 4, 6 & 7. ..... CORAM: A.B.CHAUDHARI, J. DATED : 25 th SEPTEMBER,_2009. Heard learned counsel for the parties. Learned counsel for the respondents opposed this application for condonation of delay on the ground that even after withdrawal of writ petition, there is delay which is not explained. 2. Having heard learned counsel for rival parties, I find that the petitioner was bonafidely prosecuting wrong remedy before this Court, when in fact appeal against the order lie. Insofar as the period spent after withdrawal of petition is concerned, time has been spent by the petitioner in taking necessary steps to file appeal including the preparation of appeal etc. I am 2 satisfied that good and sufficient grounds exist to condone delay. Hence, delay is condoned. Civil Application stands disposed of. Office to proceed. JUDGE /TA/