Ratnagiri Nagar Parishad Thr. The Chief Officer, Ratnagiri Municipal Council Ratnagiri v. Madhukar Shankar Redij And ORS.

31. cas 189.19.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 189 OF 2019 IN SECOND APPEAL STAMP NO. 2061 OF 2019 Ratnagiri Nagar Parishad .. Applicant Vs.

Madhukar Shankar Redij and ors.

.. Respondents Mr.Rakesh Bhatkar, for Applicant.

Mr.A.V.Chatuphale, for the Respondent No.1.

Mr.A.R.Patil, AGP for Respondents No.2 &3.

CORAM : M.S.KARNIK, J.

DATE : 11th OCTOBER, 2019 P.C. :

This is an application for condonation of delay of 1 year and 252 days in preferring the Second Appeal. Learned Counsel for respondent No.1 vehemently opposes the application.

2.

It is pointed out that the State Government had 1/2

31. cas 189.19.doc taken a stand in execution proceedings that judgment and decree will be executed. Learned Counsel for respondent No.1 states that now it is not open for the applicant - Ratnagiri Nagar Parishad to take a contrary stand and seeks condonation of delay to enable them to challenge judgment and decree. 3.

However, this issue is kept open when Second Appeal will be heard on merits. For the purpose of condonation of delay in filing the Appeal, reasons stated in the application needs to be accepted. Delay is condoned subject to payment of cost of Rs.10,000/- payable by applicant to respondent No.1 within a period of 4 weeks from today. Civil Application is allowed & disposed of.

(M.S.KARNIK, J.) by Urmila P.

Ingle Date: 2019.10.12 13:33:56 +0530 Urmila P. Ingle 2/2