:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.990 OF 2008 CIVIL APPLICATION NO.990 OF 2008 CIVIL APPLICATION NO.990 OF 2008 IN FIRST APPEAL (ST) NO.4055 OF 2008 FIRST APPEAL (ST) NO.4055 OF 2008 FIRST APPEAL (ST) NO.4055 OF 2008 Raj Bhalchandra Ambike ...Applicant. v. Ishan Shrikrushna Sathe ...Respondent. Mr.Pankaj D. Purwar , adv. for the Applicant. Mr.S.A.Bhagwat & S.G.Chitale, , advs. for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 11th July, 2008. DATE: 11th July, 2008. DATE: 11th July, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the applicant. None present for the respondent. 2. This is an application for condonation of delay of 116 days in filing the appeal. It appears that under a advice from the advocate, the applicant has preferred the appeal before the District Court and that appeal was withdrawn on 11-12-2007 because the appeal could lie to the High Court and not to the District Court. Thereafter, advocate in the High Court was engaged and the appeal came to be filed on 4th February, 2008. Taking into consideration the reasons given in the application, which find support from the Exhibit A, I find that delay may be condoned in the interest of justice. :2: 3. Application is allowed. Delay in filing the appeal is condoned. 4. Subject to removal of office objections. Appeal be registered and listed for admission. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)