1 / 2 43wp3682.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3682 OF 2025 SMT. SARSWATABAI RAMBHAU TAYADE AND OTHERS VS DILIP SUKHDEORAO SOLAV ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. G.R. Sadar, Advocate for petitioners. Mr. P.S. Raut, Advocate for respondent. CORAM : NANDESH S. DESHPANDE, J. DATE : 05.10.2026 Heard Mr. G.R. Sadar, learned counsel for the petitioners. 2. The petition impugned an order rejecting the application for delay caused in filing a regular Civil Appeal under Section 96 of the Code of Civil Procedure. Admittedly, the said order is appealable by filing an appeal under Section 100 of the Code of Civil Procedure. 3. In view of the law laid down by the Hon’ble Apex Court in (2005) 1 SCC 436. In view of that, liberty is granted to file a second appeal as enunciated by the Hon’ble Apex Court as far as Prity 2 / 2 43wp3682.2025 aspect of delay is considered. The appellate Court would consider the fact that the present petition was pending before this Court and is withdrawn today. 4. Leaving all the contentions raised on merits open, the writ petition is disposed of as withdrawn. 5. The learned counsel for the petitioner points me out the interim relief was granted by this Court vide order dated 21.07.2025, the said interim order is extended for the further period of four weeks from today to enable the petitioners to file the second appeal. [ NANDESH S. DESHPANDE, J. ] Prity Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 07/10/2026 18:28:06