46_WP_6142_16.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6142 OF 2016 Gulabchand Motilal Khatod … Petitioner Vs. Ramesh Raosaheb Patil … Respondent Mr. Sandeep S. Salunkhe for petitioner. Mr. Amol A. Kanaki, i/b. Mr. Prasad P. Kulkarni for respondent. CORAM : GAURI GODSE, J. DATE : 01st AUGUST 2025 ORDER : 1. This petition is filed by the original plaintiff to challenge the rejection of his application for condonation of delay in filing first appeal. The first appeal was filed to challenge dismissal of his suit. Hence, the impugned order is appealable. The petition is therefore not maintainable. 2. Learned counsel for the respondent, on instructions, submits that the petitioner has expired. Learned counsel for the petitioner submits that he has no instructions from the heirs and legal representatives of the petitioner. 1/2 Priya Kambli PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2025.08.04 12:30:59 +0530 46_WP_6142_16.docx 3. The writ petition is dismissed as not maintainable. 4. The heirs and legal representatives of the petitioner would be at liberty to file an appeal to challenge the impugned order. If such an appeal is filed within three months from today, the heirs and legal representatives would be entitled to seek benefit of the period of pendency of this petition for condonation of delay in filing the appeal. 5. Writ petition is disposed of with aforesaid clarification. [GAURI GODSE, J.] 2/2