1 CAL.290-2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 290 OF 2009 IN LETTERS PATENT APPEAL (ST)NO.9767 OF 2009 IN WRIT PETITION NO. 1015 OF 2009 Anant Raghu Jadhav ..Applicant. Vs. Smt. Sindhutai Shriram Medhi deceased. By LRS ...Respondents. ---- Mr. M.S. Salekar i/b Mr. M.S. Lagu for the Applicant. Mr. Manoj Kadam i/b Pratap Patil, for Respondent No.1. CORAM: MOHIT S. SHAH, C.J. S.C. DHARMADHIKARI, J. DATE : 27th JULY, 2010. P.C. Rule. Returnable forthwith. 1] This is an application for condonation of delay of 33 days in filing the Letters Patent Appeal against order dated 5.2.2009 of the learned Single Judge arising from the order of the Maharashtra Revenue Tribunal under the Bombay Tenancy And Agricultural Lands Act. The application has been adjourned from time to time on the ground that respondent no.2 was not served. 2 CAL.290-2009 2] Respondent No.2 has not been served and orders dated 18.2.2010, 26.3.2010 and 17.4.2010, further indicates that fresh notice issued to respondent no.2 is not yet received back in registry. On 28.6.2010, it was noticed that the notice sent to respondent no.2 was returned with bailiff’s remark “for want of time”. However, we find from the office endorsement dated 6.3.2010 that the notice to respondent no.2 was returned with bailiff’s remark “House closed at the time of service and lock on door. Notice is pasted on the front door”. 3] In view of the above, we proceed on the basis that respondent no.2 has been duly served, for the purpose of this application for condonatin of delay. 4] Respondent No.1 is served and Shri Pratap Patil, learned Advocate appearing on behalf of respondent no.1. We find sufficient cause is shown to condone the delay of 33 days in filing the Letters Patent Appeal. Hence, delay is condoned. Rule is made absolute. Civil Application stands disposed of. 5] The Letters Patent Appeal shall be listed for admission on 13th August, 2010. 3 CAL.290-2009 The name of Shri Pratap Patil on behalf of respondent no. 1 should be shown. CHIEF JUSTICE S.C. DHARMADHIKARI, J.