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Bombay High CourtCAF/4112/2013allowed

Shri Bhauso Devappa Banajwade v. Shri Bapu @ Bashir Papa Jamadar And ANR

2017-03-20Hon'Ble Shri Justice M.S. Sonak2 pages

17-caf-4112-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4112 OF 2013 IN FIRST APPEAL (ST) NO.15044 OF 2013 Shri.Bhauso Devappa Banajwade ..Applicant/Appellant V/s.

Shri.Bapu @ Bashir Papa Jamadar & Anr.

..Respondents ---- Mr.S.G. Thorat for the Applicant/Appellant.

Mr.Amol Gatne for Respondent No.3.

---- CORAM : M. S. SONAK, J.

DATE : 20 MARCH 2017.

P.C.

1.

Heard Mr.Thorat, learned counsel for the applicant and Mr.Gatne, learned counsel for respondent No.3. 2.

The learned counsel for the applicant states that service is completed upon all the respondents.

3.

Mr.Gatne submits that no sufficient cause has been shown to condone the delay of the 153 days. However, upon perusing the Civil Application, the cause shown, in the facts and circumstances of the present case, will be considered as sufficient. N.S. Kamble page 1 of 2

17-caf-4112-2013 In particular, reference, is required to be made to the averments made in paragraph Nos.6 and 7. Accordingly, the Civil Application is allowed. The delay in institution of the appeal is condoned. 4.

The Civil Application is disposed of.

(M. S. SONAK, J.) N.S. Kamble page 2 of 2