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Bombay High CourtIA/3112/2021disposed off

Sadanand Narayan Govalkar (Since Deceased) Sudhir Sadanand Govalkar And ORS. v. Shriram Atmaram Rane And ORS.

2021-10-27Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 32-ia3112.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION I.A. NO. 3112 OF 2021 IN CIVIL REVISION APPLICATION NO. 942 OF 2010 Sadanand Narayan Govalkar (Since deceased) through LRs.

Sudhir Sadanand Govalkar & Ors.

.....Applicants.

Vs.

Shriram Atmaram Rane & Ors.

.....Respondents.

Mr. Vikas V. Khanolkar for the Applicants.

Mr. Ajit S. Hodage i/by Prashant G. Karande for the Respondents. CORAM : A. S. GADKARI, J.

DATE : 27th OCTOBER, 2021.

P.C.:- This is an Application for restoration of Civil Revision Application No.942 of 2010, which was dismissed for non-prosecution by Order dated 13th January, 2020.

Mr. Khanolkar, learned Advocate for the Applicants submitted that, though it is stated in the Application that there is a delay of 431 days in filing the present Application, after taking into consideration the period which was consumed in COVID-19 pandemic and the benefit arising thereof, the actual delay in filing the present Application is only 37 days. Learned counsel for the Respondents opposed the Application on the ground that, plausible explanation for the said delay is not given by 1/2

ssm 2 32-ia3112.21.doc the Applicants.

However, perusal of Application would indicate that, sufficient cause for condonation of delay is made out.

In view thereof and for the reasons stated in the Application, delay is condoned.

Application is allowed in terms of prayer clauses (a) and (b). (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2021.10.28 18:04:10 +0530 SANJIV SHARNAPPA MASHALKAR 2/2