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Bombay High CourtIA/2179/2023disposed off

Shri Shridhar Suresh Gaikar v. Sudam Dala Rajput

2023-10-04Hon'Ble Shri Justice Rajesh S. Patil2 pages

14.IA.2179.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2179 OF 2023 IN CIVIL REVISION APPLICATION (ST) NO.889 OF 2023 SHRI SHRIDHAR SURESH GAIKAR ...Applicant V/s.

SUDAM DALA RAJPUT

...Respondent

____________________________________ Mr. Chirag Gandhi for the Applicant.

Ms. Aditi S. Naikare i/b. Pushparaj Singh for the Respondent. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 4 OCTOBER 2023 P.C.:

1.

This Application is filed for condoning the delay in filing Civil Revision Application.

2.

The Applicant has stated that the father-original plaintiff had filed a suit for relief as prayed in the said suit. However, during pendency of the proceedings in the Lower Court, the Applicant's father expired. The Applicant was completely unaware of the proceedings filed by his father. 3.

The Applicant further stated that he was completely relying upon his Advocate in the said proceedings. The Applicant Amol D. Nawale

14.IA.2179.2023.doc has further stated that there were several instances due to which there is delay caused. He has also stated that during pandemic period a lot of time was wasted, He could not take immediate steps. The Applicant has further stated in the month of May there were weddings in his family and responsibility to make arrangements of the wedding ceremony was on the Applicant. The Applicant has further stated that he was blessed with a baby boy on 17 October 2022 for which purpose, he was required to stay at home to look after his wife and baby. The Applicant prays that the delay be condoned.

4.

Mr. Aditi Naikare, the learned counsel for the Respondent has opposed this Application and stated that the reasons stated in the Application are not bonafide, therefore, the Interim Application should be dismissed.

5.

I have heard both the sides and have gone through the contents of Application. According to me, the Application case is made out to condone the delay in filing the Civil Revision Application.

6.

The Interim Application is allowed in terms of prayer clauses (a) and (b).

7.

The Interim Application is accordingly disposed of. (RAJESH S. PATIL, J.) Amol D. Nawale