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CASE NO.: Appeal (civil)  1354 of 2008

PETITIONER: Nilkanth Kawduji Shivankar

RESPONDENT: Shivshakti Sikshan Sanstha & Ors

DATE OF JUDGMENT: 18/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O R D E R

CIVIL APPEAL NO(s).1354 OF 2008 (@ SLP(C)NO.12823/2006)

               Leave granted.                 This is an appeal from an order dated 23rd of November, 2005 passed by the  High Court of Judicature at Bombay, Nagpur Bench, Nagpur, rejecting an  application for condonation of delay of 11 days in filing the appeal.                 Having heard the learned counsel for the parties and after going through the   statements made in the application for condonation of delay, we are satisfied with  the statements made in the application for condonation of delay which constitute  sufficient cause for condoning the delay in filing the appeal.  We, therefore, set aside  the impugned order  rejecting  the  application for condonation of delay.   contd...2/-

::2:: Accordingly the application for condonation of delay is allowed.  The Appeal is  restored to its original file.  The High Court is now requested to dispose of the  appeal at an early date, preferably within three months from the date of  communication of this order to the High Court, without granting any unnecessary  adjournment to either of the parties.

               The Appeal is allowed accordingly with no order as to costs.