Smt. Radhabai Maruti Sande v. Smt. Banabai Maruti Sande

56.486.17-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.486/2017 IN SECOND APPEAL (ST) NO.658/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Kedar P. Lad for the applicant Mr. Prashant P. Jadhav for respondent Nos.1 and 2. CORAM : K. K. TATED, J.

DATE : DECEMBER 12, 2017 P.C.:

1.

Heard. Though Respondent No.3 is duly served, none appeared for them when the matter was called out.

2.

This Application is for condondation of 53 days delay in preferring the Second Appeal.

3.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Basavraj G Patil 1/2

56.486.17-cas 4.

Hence, following order is passed.

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) Your Lordship may be pleased to allow the present Civil Application and further be pleased to condone the delay of 53 days caused in filing Second Appeal challenging judgment and decree passed by the District Judge 2, Kolhapur in Regular Civil Appeal No.203/2015 dated 22.07.2016 arising out of judgment and decree passed by the Jt. Civil Judge, Senior Division 12, Kolhapur in Civil Miscellaneous Application No.338/2009 may kindly be condoned."

b.

Civil Application stands disposed of accordingly.

c.

No order as to costs.

JUDGE Basavraj G Patil 2/2