*1* wp.8951.10.916.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8951 OF 2010 Vishnu Namdeo Savant. ..Petitioner -Versus- Tukaram Doulu Moharekar and another. ..Respondents .......... Mr.M.J.Chetiwal i/b S.M.Kamble, for the Petitioner. Mr.nagesh Chavan i/b T.S.Ingale, for the Respondent Nos.1 and 2. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 19th July, 2011. P.C.: 1 Heard both sides. The Commissioner has refused to condone the delay in filing the revision application. The revision application challenges the order of the Additional Collector, Sangli dated 30.03.2007. The revision application was filed on 22.10.2008 and there is delay of 456 days. 2 From perusal of the impugned order, it appears that the Commissioner heard the parties on the question of condonation of delay on 04.08.2009. He heard oral arguments and took written arguments on record. The matter appears to have been adjourned on different occasions between 04.08.2009 to 16.04.2010. There have been 4 to 5 hearings which were held only on the application for condonation of delay. In the peculiar facts of this case, the Commissioner would have been well advised to consider the revision application and hear it on merits. One cannot attribute negligence, inaction or malafides on the part of the Petitioner. The reasons assigned are that there were several proceedings *2* wp.8951.10.916.sxw pending between the parties and at some stage, they were exploring the possibility of an amicable settlement. 3 Be that as it may, if the settlement has not taken place and the matter is required to be gone into, the interest of justice would be served by setting aside the order dated 24.09.2010 and condoning the delay, by imposing a condition on the Petitioner to pay costs of Rs.1,500/-. The costs to be paid to both Respondents within a period of two weeks from today. On payment of costs and a proof thereof being produced, the Commissioner to restore the revision application to his file and hear the same. He shall render a decision on the revision application as expeditiously as possible and within a period of eight weeks from the date of appearance of the parties before him. 4 The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)