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Bombay High CourtIA/4719/2023disposed off

Anil Maruti Dhavan v. Babaso Chhaganrao Shinde And ORS.

2023-11-08Hon'Ble Shri Justice Rajesh S. Patil2 pages

936-IA-4719-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4719 OF 2023 IN FIRST APPEAL (ST) NO.10504 OF 2023 Anil Maruti Dhavan ...Applicant

Versus

Babaso Chhaganrao Shinde And Ors.

...Respondents

____________________________________ Ms. Sangita Choure for the Applicant/Appellant. Mr. Rahul Kadam for Respondent No.3.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 8 NOVEMBER, 2023 P.C.:

1.

This Interim Application is filed by Appellant to condone the delay of 21 days in filing the First Appeal.

2.

Mr.Kadam Advocate appearing for the Respondent No.3 by SUNNY ANKUSHRAO THOTE Date: 2023.11.09 09:56:44 +0530 SUNNY ANKUSHRAO THOTE submits he has no objection if delay of 21 days is condone. The office remarks shows that Respondent No.1 has been duly served. As regards Respondent No.2 the office remark shows that notice is returned unserved.

3.

Advocate for the Appellant has filed affidavit of service stating therein that she has served the Respondent. She further states that as regards Respondent No.2 packet was sent by RPAD and the same has Sunny Thote

936-IA-4719-2023.doc been received by one family member of Respondent No.1. Therefore, according to her service has been effected on all the Respondents. 4.

I have heard both sides and I have gone through the contents of the application. I am satisfied that the grounds are made out to allow this Delay Condonation Application.

5.

Hence, Interim Application is allowed in terms of prayer clause (a).

6.

Interim Application is accordingly disposed of. (RAJESH S. PATIL, J.) Sunny Thote