-: 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 JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1076 OF 2007 CIVIL APPLICATION NO. 1076 OF 2007 CIVIL APPLICATION NO. 1076 OF 2007 IN IN IN APPEAL FROM ORDER (ST.)NO. 20599 OF 2007 APPEAL FROM ORDER (ST.)NO. 20599 OF 2007 APPEAL FROM ORDER (ST.)NO. 20599 OF 2007 1.Bhaskar Antayya Shetty & Ors. .. Applicants. V/s. 1. Shri Kanji Ramji Jethwa .. Respondent. --- Mr.D.H.Mehta h/f.R.D.Suvarna for the Applicants. Mr. V.C.Ghosalkar for the Respondent. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 P.C. : P.C. : P.C. : 1. This civil application is taken out for condonation of delay of 55 days occurred in filing the aforesaid A.O. 2. The applicant’s suit no. 2057 of 2001 was dismissed for default on 05.12.2005. Thereafter, the applicant filed notice of motion no. 4860 of 2006 which also came to be dismissed for default on 16.02.2006. The applicant thereafter again preferred notice of motion no. 1062 of 2006 for restoration of the notice of motion no. 4860 of 2006, which was also dismissed on 06.06.2006 on the ground -: 2 :- that the order dated 16.02.2006 passed in notice of motion no.4860/2006 was an appeallable order. Then the applicant challenged the above order dated 06.06.2006 by filing writ petition no. 1788 of 2007 before this court. By order dated 18.07.2007 this court dismissed the writ petition, holding that the order dated 16.02.2006 passed in notice of motion no. 4860/2006 is appeallable order. The appellant thereafter immediately on 7th of September, 2007 filed the present Appeal from Order. However, in this process there occurred delay of 55 days in filing the present A.O. 3. The above facts and circumstances show that the applicant was prosecuting wrong remedies and therefore, he is entitled to have benefit under the provisions of section 14 of the Limitation Act. Further the applicant found to be diligent in prosecuting the matter and therefore, in the interest of justice, the delay occurred deserves to be condoned. 4. In the result, the delay occured in filing the present A.O. is hereby condoned. Civil application is allowed and disposed of accordingly. (R.V.MORE,J.)