1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2705 OF 2009 IN FIRST APPEAL ST.NO. 15121 OF 2009 Ramnath Damodar Kini. ..Applicant. Vs. M/s.Shankar Vijay Enterprises and ors. ..Respondents. Mr.H.S.Shreepad Murthy for the Applicant. Mr. S.K.Chaturvedi i/by Chaturvedi & Associates for the Respondent No.1. CORAM :R.S.MOHITE, J. DATE : 6th January, 2010 P.C. 1 This is an application for condonation of 2 years and 193 days days in filing of the first appeal. It is contended by the applicant that the suit filed by him bearing Suit No.809 of 2005 came to be dismissed by the City Civil Court on 26.9.2006. The said suit was for injunction on the basis of possession and title of tenancy. The defendant in the said suit then filed a suit in 2 March, 2005 bearing Suit No.1368 of 2005 which came to be decreed on 7.9.2008. While deciding the second suit the court placed reliance upon the decree passed in the earlier suit i.e. Suit No.809 of 2005 and in such circumstances, the applicant- original defendant in that suit realized that he ought to have challenged the decree passed in his suit. Though the inaction on the part of the present applicant was of gross negligence, nevertheless, in the interest of justice I am inclined to condone the delay, particularly as I have looked into both the first appeals filed by the appellants and find that there is no substance in the said appeals. 2 In the circumstances, delay is condoned. Office is directed to number the appeal. (R.S.MOHITE, J.)