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Bombay High CourtCAS/1275/2016allowed

Pandurang Sawliram Sonawane And ORS. v. Smt. Laxmibai Jaggannath Sonawane (Deceased, Deleted As Order Below Exh.47-C) And ORS.

2016-09-23Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 905.cas-1275.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1275 OF 2016 IN SECOND APPEAL (STAMP) NO.33268 OF 2012 (REJECTED CASE NO.1681 OF 2014) Pandurang Sawliram Sonawane & Ors.

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Applicants Vs.

Laxmibai Jaggannath Sonawane & Ors.

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Respondents --- Mr.Girish R.Agrawal for Applicants.

Mr.R.N. Gite for Respondent nos.2A to 2E.

--- CORAM : R.D. DHANUKA, J.

DATE : 23rd September 2016 P.C.

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Rule. Learned counsel appearing for the respondent nos.2A to 2F who are the contesting respondents waives service. Other respondents who are supporting the applicants are not served. 2.

By this civil application, the applicants seek condonation of delay of 1 year and 267 days in filing the civil application for restoration of Civil Application No.106 of 2013 with Second Appeal (St.) No.33268 of 2012. No affidavit-in-reply is filed by the contesting respondents. 3.

I have heard the learned counsel appearing for the applicants and the contesting respondents. I have also perused the civil application. Though the applicants have rendered some explanation for condonation of delay of 1 year and 267 days in filing the civil application, explanation is not fully satisfactory. However, on payment of costs of

ppn 2 905.cas-1275.16.doc Rs.2,500/- by the applicants to the contesting respondents within two weeks from today, delay of 1 year and 267 days in filing the civil application for restoration of Civil Application No.106 of 2013 with Second Appeal (St.) No.33268 of 2012 is condoned. Civil application is disposed of in aforesaid terms.

R.D. DHANUKA, J.