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Bombay High CourtIA/532/2021allowed

Uttam Anna Gaikwad v. Anna Aba Gaikwad(Since Decd.Thr.Lrs) Kantabai Gangaram Bhosale And ORS

2024-02-12Hon'Ble Shri Justice Sandeep V. Marne2 pages

k 1/2 35 ia 532.21 in sal as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.532 OF 2021 IN SECOND APPEAL (STAMP) NO.2914 OF 2021 Uttam Anna Gaikwad ....Appellant/Applicant V/S Anna Baji Gaikwad (since deceased thr. L.Rs) Kantabai Gangaram Bhosale and Ors ....Respondents ...

Mr. Tejpal Ingale i/b Mr. Devendra Pawar for the Appellant/Applicant. Mr. Wasim Samlewale for Respondent Nos.1B, 2, 3 and 4. Mr. Kuldeep Nikam for Respondent No.1A.

...

CORAM: SANDEEP V. MARNE, J.

DATE : FEBRUARY 12, 2024.

P.C.:

The Interim Application is filed seeking condonation of delay of 353 days in filing the Second Appeal. The Application is opposed by the learned Counsel appearing for Respondent Nos.1A, 1B, 2, 3 and 4. It appears that the impugned decree of the First Appellate Court was passed on 4 November 2019. On account of outbreak of Covid-19 pandemic, the functioning of the Courts was crippled from 15 March 2020 onwards. In that view of the matter, the Apex Court had suspended katkam 1/2

k 2/2 35 ia 532.21 in sal as.doc the period of limitation during the period from 15 March 2020 to 28 February 2021. The Appeal appears to have been filed on 4 February 2021. In that view of the matter, the delay in filing the Second Appeal is condoned. The Interim Application is accordingly disposed of. List the Second Appeal for admission on 19 March 2024. Interim order granted earlier to continue till the next date of hearing.

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.02.13 16:31:39 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2