Smt. Shrimantabai W/D Dangonda Patil And ORS v. Shri Rudragonda Bhimgonda Patil And ORS

ppn 1 9.caa-240.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.240 OF 2015 IN APPEAL FROM ORDER (STAMP) NO.3899 OF 2015 Smt. Shrimantabai W/D of Dangonda Patil & Ors. .. Applicants Vs.

Shri Rudragonda Bhimgonda Patil & Ors.

..

Respondents --- Mr. Dundapa B. Patil for Applicants.

Mr. G. N. Salunke for Respondent Nos.1 to 4 & 6. --- CORAM : R.D. DHANUKA, J.

DATE : 2nd September 2016 P.C.

.

By this civil application, the applicants seek condonation of delay of 1 year and 58 days in filing the appeal from order. The application for delay is opposed by the respondent nos.1 to 4 & 6 who are the contesting parties.

3.

I have heard the learned counsel appearing for the parties. I have perused the averments made in the civil application and also the affidavit-in-reply filed by the respondent nos.1 to 4 & 6. Though the applicants have given some reasons and justification for condonation of delay, the reasons are not fully satisfactory. In the interest of justice, on payment of cost of Rs.2,500/- to be paid to the Kirtikar Law Library within two weeks from today and for the reasons recorded in the civil application, the delay of 1 year and 58 days in filing the appeal from order is condoned. Receipt of payment of Rs.2,500/- if made to the Kirtikar Law Library shall be shown to the learned Registrar of this Court within two weeks from the date of payment.

ppn 2 9.caa-240.15.doc 4.

Civil application is made absolute in aforesaid terms. No order as to costs.

5.

The applicant shall remove all office objections within two weeks from today failing which the appeal from order shall stand dismissed without further reference to the Court. If all office objections are removed and the second appeal is numbered, place the appeal from order on board for 'Admission' on 28th October 2016. R.D. DHANUKA, J.