1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3072 OF 2010 IN FIRST APPEAL STAMP NO. 3437 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 01/10/2010 PER COURT : 1. This is an application for condonation of delay in filing First Appeal. Mr. A.N. Nagargoje, the learned counsel for the applicant states that the Judgment was passed exparte. Thereafter the applicant had filed an application for setting aside exparte decree. The Trial Court held that the application for filing an application for setting aside exparte decree is not maintainable and the same was rejected on 21/11/2009. The present Appeal is thereafter filed on 4/2/2010. According to him, as he was prosecuting wrong remedy in good faith, the delay has been caused. 2. Mr. Patil, the learned counsel for the respondent resist the application saying that no sufficient cause has been stated. 2 3. Taking into account the aforesaid reasons, the delay is condoned. The present Civil Application is accordingly allowed. [ S.V. GANGAPURWALA ] JUDGE knp/CA 3072.10 in FA ST 3437.2010