Shri. Dhanpal Javerilal Kankriya v. Shri. Dilip Lakhichand Biniyakya And ORS.

5.2302.14-caa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2302 OF 2014 IN FIRST APPEAL (ST) NO.6501 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. N. Sanghavi for the Applicant.

Mr. Pankaj Pandey i/b. Anil Kumar Patil for Respondent No.1.

Mr. P. G. Sarda for Respondent Nos.2 and 3.

CORAM : K. K. TATED, J.

DATE : JANUARY 28, 2015 P.C.:

1.

Heard. This application is preferred by original Plaintiff for condonation of 79 days delay in filing the appeal challenging the judgment and decree dated 13/08/2013 passed by the Civil Judge, Senior Division, Malegaon in Special Civil Suit No.2/2010.

2.

The learned counsel for the Respondents vehemently opposed the present Civil Application. They further submits that the Applicant has not shown sufficient cause for condonation of delay. Basavraj G Patil 1/2

5.2302.14-caa 3.

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, the following order:

a) Delay of 79 days in filing the appeal is condoned.

b) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2