Bombay High CourtCAS/220/2017allowed

Raghunath Yesu Wagh (Since Deceased) Lrs. v. Shri.Rajaram Raghunath Wagh

2017-04-21Hon'Ble Shri Justice Nitin Jamdar2 pages

Rane (sr.93)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application in SA NO. 220 OF 2017 IN Second Appeal (ST) NO. 27362 OF 2016 Raghunath Yesu Wagh (since Deceased) Lrs.

...Applicants

Versus

Shri.rajaram Raghunath Wagh

...Respondent

Mr. Kuldeep Nikam, Advocate for the Applicants/Appellants. R.V. Bansode, Advocate for Respondent no.1.

CORAM: N.M. Jamdar, J DATED: 21st April, 2017 PC:- .

By this Civil Application, the delay of 184 days in filing the Second Appeal sought to be condoned. Though the delay is stated as 10 days in the Application, the learned Advocate for the Applicant states that it is infact 184 days. It is stated in the application that, earlier the Applicant had filed a Civil Writ Petition (St) No. 19340 of 2016 which was allowed to be withdrawn on 19 September, 2016 with liberty to file the present

Second Appeal. Considering the fact that the Appeal has been filed immediately thereafter, I am of the opinion that the delay deserves to be condoned. Accordingly, the Civil Application is allowed in terms of prayer clause (a). Place the Second Appeal on board as per the CMIS date. (N.M. Jamdar,J.)