1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 569 OF 2009 Shri. Maruti Shivram Chavan. ... Petitioner V/s. Mrs. Suvarna Tukaram Chavan @ Kalpana Dattaram Chavan & Ors. ... Respondents .................. Shri. D.S. Sawan i/b Shri. Rajesh B. Prab for Petitioner. Shri. C.P. Deogirikar for Respondent No. 1 .................. CORAM : S. C. DHARMADHIKARI, J DATE : 16th June, 2009. P.C. 1. This Writ Petition is directed against the order passed on 30 th August, 2008 by the Appellate Bench . The Appellate Bench was dealing with an application for condonation of delay made by the Petitioner – Appellant. The Petitioner – Appellant instituted the appeal which challenged a decree in RAD Suit No. 1396 / 1996. By the judgment and decree dated 30 st August, 2008, the first respondent to this appeal is held to be a lawful sub-tenant of the suit premises. 2. While it is true that the appellant – petitioner before me is not a party defendant to the suit, yet, the lower Appellate Court’s assumption in law that the Petitioner could not have filed an appeal, is wholly erroneous. In AIR 1971 SC 374 Smt. Jatan Kanwar Golcha v/s M/s. Golcha Properties Private Limited 2 Honourable Supreme Court has observed that a person need not be a litigant or a party before the original forum to enable him to file an appeal. If he is affected by the order and decree and his rights are in jeopardy then he can seek leave of the Court and file an appeal. This position in law should not have been ignored by the lower Court while dealing with the simple application made by the applicant seeking delay of 102 days in filing the appeal. Be that as it may , Mr. Sawant after taking instructions states that the Petitioner will seek such leave within a period of 2 weeks by filing appropriate application. If such an application is filed, the lower Appellate Court shall deal with it in accordance with law after hearing the parties. The lower Appellate Court shall not be influenced by any observations in the order under challenge. However, if the necessary leave is granted the court below then to consider the condonation of delay in filing appeal afresh. All pleas in that behalf are kept open. If the application to seek leave is not filed within two weeks from today, the order under challenge to stand confirmed and the petition is dismissed without any further order of this Court. S. C. DHARMADHIKARI, J. ndm/wp569.09