Bhooshan Prabhakar Bandiwadekar v. Pradip Parshuram Tondvalkar

30-IA-13555-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13555 OF 2023 IN APPEAL FROM ORDER(ST) NO. 15995 OF 2023 WITH INTERIM APPLICATION (ST.) NO. 15996 OF 2023 IN APPEAL FROM ORDER(ST) NO. 15995 OF 2023 Bhooshan Prabhakar Bandiwadekar ... Applicant

Versus

Pradip Parshuram Tondvalkar

...Respondent

...

Mr. Kavita M. Pawar, for Applicant.

...

CORAM

: SANDEEP V. MARNE, J.

DATE : 06 NOVEMBER, 2023 P.C.:

1.

The Interim Application No.13555 of 2023 is filed for condonation of 1 year & 111 days' delay in filing the Appeal from Order. It appears that the Appellant had earlier filed Second Appeal (St.) No.18803 of 2022 in this Court challenging the Judgment and Decree dated 18 December 2021 passed by the lower Appellate Court. The Second Appeal came to be withdrawn on 20 April 2023. After withdrawal of the Second Appeal, the present Appeal from Order is filed. Notices were issued in the present Appeal by SAJAKALI LIYAKAT JAMADAR Date:

2023.11.08 11:56:57 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar 1/2

30-IA-13555-2023.doc to the Respondents by order dated 26 July 2023. Advocate has filed appearances on behalf of Respondent Nos.1 & 2. Respondent No.3 is reportedly dead. Today none appears for Respondent Nos.1 & 2. 2.

Considering the averments made in the application, the same is allowed. Delay in filing the present Appeal from Order is condoned. Interim Application No. No.13555 of 2023 is disposed of. 3.

List the Appeal along with Interim Application No.15996 of 2023 for admission on 01 December 2023.

(SANDEEP V. MARNE, J.) Sajakali Jamadar 2/2