1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11501 OF 2009 IN APPEAL FROM ORDER ST. NO. 22425 OF 2009 M/s Skilled Engineering Works, Waluj .. PETITIONER VERSUS M/s Fourer Engineering (India) Ltd. Paithan .. RESPONDENT Miss. Meera T. Biradar, Advocate for the applicant. Mr. A.D. Kasliwal, Advocate for respondent. ===== CORAM : P. R. BORKAR, J. DATE : 9 th JULY, 2010. PER COURT : 1 Adv. Miss Meera Biradar is present for the applicant. Adv. Shri A.D. Kasliwal is present for the respondent. 2 This is an application for condonation of delay in filing appeal from order against the order of remand passed by 2 nd Additional District Judge, Aurangabad in Regular Civil Appeal no. 174/2005 decided on 9­12­2005 whereby the judgment and decree passed by the Civil Judge, Jr.Dn., Aurangabad in Regular Civil Suit no. 546/2002 2 decided on 23­3­2004 was set aside. The matter was remanded for giving opportunity to the defendant / appellant to file written statement and then to decide the matter afresh. Delay is of 1298 days. 3 Apart from the reasons for delay, Shri Kasliwal, advocate for respondent has submitted certified copies of certain documents before this court and they indicate that after remand, respondent / defendant made application challenging the territorial jurisdiction of the civil court at Aurangabad. Said application was heard on merit and ultimately, it was decided that the court has no territorial jurisdiction and therefore, plaintiff was directed to file suit in appropriate court having territorial jurisdiction. Said order was further challenged by filing Misc. Civil Appeal no. 97/2006 and said appeal came to be dismissed for default on 10­7­2008. Review of said order was also rejected on 31­1­2009 by the District Judge ­1, Aurangabad. 4 In these circumstances and in view of order of return of plaint, passed subsequently, in my opinion, this civil application for 3 condonation of delay cannot be allowed. Application is dismissed. ( P. R. BORKAR, J.) dyb / office / ca11501.09.odt