Shri. Rangrao Krishna Mali v. Shri. Anand Shiva Mali And ORS.

9 cas1056-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1056 OF 2016 IN SECOND APPEAL (ST) NO.5071 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Pralhad D. Paranjpe for the applicant Mr.Akshay Kulkarni i/b Mr.A.M.Kulkarni for the respondent nos.3 and 8 CORAM : K. K. TATED, J.

DATE : DECEMBER 13, 2017 P.C.:

1.

Heard.

2.

The learned counsel for the applicant seeks liberty to delete the name of respondent nos.5A, Kamlabai Savanta Mali, respondent nos. 5G, Sushila Maruti Wagade and respondent no.9A, Smt.Laxmibai w/o Balu Mali from the cause title of Second Appeal at their cost and consequences. Same is permitted.

3.

Amendment be carried out during the course of the day.

4.

This application is for condonation of 115 days delay in filing Second Appeal.

Mohite 1/2

9 cas1056-16 5.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) The delay of 115 days in filing the above said First Appeal challenging the impugned the Judgment and Decree dated 30th June, 2015 passed by the Ld.District Judge-I Kolhapur in Regular Civil Appeal No.206 of 2002 be kindly condoned."

B) Civil application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2