{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12913 OF 2010 IN SECOND APPEAL ST. NO.14494 OF 2010. Bhimrao s/o Narayan Thelari (Marnar) Applicant Versus Ananda s/o Narayan Thelari (Marnar) Respondent Mr.L.S.Mahajan, advocate holding for Mr.A.B.Girase, advocate for applicant Mr.S.B.Modak, advocate holding for Mr.N.B.Suryawanshi, advocate for respondent. CORAM : S.S.SHINDE, J. DATE : 16th November, 2011 PER COURT: Heard learned Counsel for the applicant/appellant. Learned Counsel appearing for the Respondent vehemently opposes the application for condonation of delay. Learned Counsel for the applicant/appellant invited my attention to paragraphs no.3 to 6 of the application and submitted that the order, which is appealed in the Second Appeal, was challenged by way of Writ Petition No.7522/2008. In the said petition, notices were issued. However, the said writ petition was subsequently withdrawn. Some time was consumed in prosecuting the writ petition. This Court, by order dated 27.11.2009, granted {2} permission to the applicant to withdraw the writ petition with liberty to file Second Appeal. Due to aforesaid reasons, the Second Appeal was remained to be filed by the Counsel engaged by the applicant/appellant and thereafter the Second Appeal is filed on 07.05.2010. Learned Counsel further submits that therefore the applicant/appellant should not suffer for the mistake of the advocate. I have given due consideration to the rival contentions. It is not in dispute that writ petition was filed by the appellant/applicant and same was withdrawn on 27.11.2009 and this Court granted liberty to the applicant to file Second Appeal. It is true that from withdrawal of the said writ petition, immediate steps have not been taken by the advocate engaged by the applicant to file Second Appeal. However, in the light of the averments made in paragraph 5 of the application and for the mistake of the advocate, litigant should not suffer, delay caused in filing the Second Appeal deserves to be condoned. Therefore, the application is allowed in terms of prayer clauses (A) and (B) and same stands disposed of. Appeal to be listed for admission on 09.12.2011. S.S.SHINDE JUDGE adb/ca1291310