Shantinath Appa Rote (Deceased Thru Lrs) v. Juharmal Fulchand Marwadi

Sr. No. 46 CAS 44 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 44 OF 2019 IN SECOND APPEAL (ST.) NO. 31090 OF 2017 Shantinath Appa Rote Since deceased through Lrs Prafullchand @ Sambhaji Shantinath Rote & Ors.

... Applicants Vs Juharmal Fulchand Marwadi & Ors.

... Respondents Shri. S.G. Deshmukh i/b. Sanket Deshpande, Advocate for Applicants.

Shri. S.S. Kadtane i/b. Kuldeep U. Nikam, Advocate for Appellant in SAST 31090 of 2017.

CORAM : SANDEEP K. SHINDE J.

DATE : August 9 th , 2019 P.C. :

1.

It is an application for condonation of two days delay occurred in preferring Second Appeal against the Judgment and Decree dated 24.07.2017 passed in Regular Civil Appeal 75 of 2011. Mr. Deshmukh, learned counsel for the applicants submits that the certified copy of the impugned decree was ready and received by the applicants on 24.08.2017 for which application was filed on Prachi Potdar 1/2

Sr. No. 46 CAS 44 of 2019.doc 25.07.2017. Therefore, submits there was no delay in preferring the appeal. Learned counsel for the respondents do not dispute this position. In view of this, there was no occasion for the applicants to file present application. Office is directed to register the Second Appeal. In view of the facts stated hereinabove, application is disposed of.

(SANDEEP K. SHINDE, J.) Prachi Potdar 2/2