Mr.Michael Damian Caridade D'Souza And Others v. Mrs.Hulkidevi Prakash Parihar And Othrs

18-cas-1021-2019.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1021 OF 2019 IN SECOND APPEAL (ST) NO.13760 OF 2018 WITH INTERIM APPLICATION NO. 2439 OF 2021 IN SECOND APPEAL (ST) NO.13760 OF 2018 Mr. Michael Damian Caridade D'souza & Anr.

...Applicants

Versus

Mrs. Hulkidevi Prakash Parihar & Anr.

...Respondents

Mr. Suhas S. Inamdar, for the Applicants.

Mr. Siddhesh S. Borkar a/w. Arya S. Borkar, for Respondent Nos. 1 & 2.

CORAM : MADHAV J. JAMDAR, J.

DATED : 28th NOVEMBER 2022 P.C. :

1.

Heard Mr. Suhas Inamdar, learned counsel for the Applicants and Mr. Siddhesh Borkar, learned counsel appearing for the Respondent Nos. 1 & 2.

2.

There is delay of about 288 days in filing the Second Appeal. The Applicants have set out the reasons in paragraph 7 1/2

18-cas-1021-2019.doc Sonali contending that as the earlier Advocate to whom the papers were handed over for filing Second Appeal could not take steps for his personal reasons, papers were handed over to present Advocate after obtaining fresh certified copies and therefore, there is delay in filing the Second Appeal.

3.

In view of the above reasons, the Civil Application is allowed in terms of prayer clauses (b) and (c) with no order as to costs.

Digitally signed by SONALI MILIND PATIL Date:

2022.11.28 17:54:23 +0530 [MADHAV J. JAMDAR, J.] SONALI MILIND PATIL 2/2