Narayan Nivrutti Roman v. Chandrabhaga Sadashiv Kenjale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 794 OF 2017 IN SECOND APPEAL (ST) NO. 30773 OF 2016 Narayan Nivrutti Roman ...Applicant / Org.Plaintiff

Versus

Chandrabhaga Sadashiv Kenjale and Anr.

...Respondents

Mr. Siddesh Pilankar i/b. Mr. Uday Warunjikar for the Applicant / Original Plaintiff. Mr. M.S. Athalye for Respondent No. 1.

CORAM : S.J. KATHAWALLA, J.

DATED : 27TH JUNE, 2017 P.C.:

1.

By the above Civil Application, the Applicant / Original Plaintiff, who is 78 years old has sought condonation of delay of 108 days in filing the above Second Appeal. He has in his Application stated that he was unable to get the certified copy earlier and after getting the certified copy, he sought legal opinion for preferring the Second Appeal. After getting the legal opinion, the Applicant / Original Plaintiff immediately preferred the Second Appeal.

2.

Keeping in mind the advanced age of the Applicant / Original Plaintiff, I am of the view that sufficient cause is shown by the Applicant / Original Plaintiff to condone the delay in filing the Second Appeal. In view thereof, the above Civil Application is allowed. Place the Second Appeal for Admission on 3 rd July, 2017,

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3.

The above Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. )