Shri. Shivaji Abaji Tilekar v. Shri. Abaji Govind Tilekar And ORS.

kpd 1 / 2 6-CAS-1645-2015.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1645 OF 2015 IN SECOND APPEAL (ST) NO. 13920 OF 2015 WITH CIVIL APPLICATION NO. 1224 OF 2017 Shri. Shivaji Abaji tilekar ...

Applicant

Versus

Shri. Abaji Govind Tilekar and others ...

Respondents Mr. Sachin Pawar for the Applicant/Appellant. Ms. Gauri Jadhav for the Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 26 th SEPTEMBER, 2017 P.C.:

1.

The above Civil Application No. 1645 of 2015 is taken out by the Applicant/Appellant seeking condonation of delay of four years and 349 days in filing the above Second Appeal. In the said Civil Application, the Applicant has pointed out lapses on the part of his Advocate which has caused grave delay. Since allegations were made against the Advocate, the Advocate was given an opportunity to file her say, if any. The Advocate appeared on 21 st July, 2017 and informed the Court that since she was unwell, the son of the Appellant had taken away the papers from her about 5 to 6 years ago and since then she is not concerned with the matter. From the

kpd 2 / 2 6-CAS-1645-2015.sxw documents produced by the Applicant/Appellant which are annexed to the complaint filed against the Advocate with the Bar Council, it prima facie, appears that statement made by the Advocate before this Court is incorrect. In view thereof, the delay is condoned. The above Civil Application No.1645 of 2015 is accordingly disposed off. 2.

Place the above Second Appeal for admission on 30th October, 2017, first on board. However, the Bar Council shall decide the complaint without being influenced by this order.

( S.J.KATHAWALLA, J. )