Shri. Irgaonda Balgonda Patil And ORS. v. Shri. Dhulgonda Balgonda Patil

1/2 2.CAS.1437-15.doc [Irgonda v Dhulgonda]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1437 OF 2015 IN SECOND APPEAL [ST] NO.17982 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Manoj Patil, Advocate for the Applicants.

Mr. P.M. Arjunwadkar, Advocate for respondents No.1 to 3 and 10 to 12.

Mr.S.D. Rayrikar, AGP for the State.

CORAM : R. G. KETKAR, J.

DATE : 21/04/2017 P.C.:

1.

In view of the administrative order dated 10.4.2017 Administrative Order dated 10.4.2017 passed by the Hon'ble Chief Justice directing the Registry to place Second Appeal (St.) No.17982/2015 with C.A. Nos.1437/2015 and 1438/2015, the matter is taken up for hearing. 2.

Heard Mr.Manoj Patil, learned Counsel for the applicants and Mr.P.M. Arjunwadkar, learned Counsel for respondents No.1 to 3 and 10 to 12.

3.

Mr. Patil seeks permission to delete rest of

2/2 2.CAS.1437-15.doc [Irgonda v Dhulgonda] the respondents on the ground that respondents No. 1 to 3 and 10 to 12 are the only contesting respondents and the decree passed by the Appellate Court is in their favour. 4.

In view thereof, on the motion made by Mr. Patil leave to delete rest of the respondents is granted. Amendment shall be carried out forthwith.

5.

This is an application for condonation of delay of 68 days in filing the Second Appeal. Mr.Arjunwadkar has vehemently opposed the application by contending that no sufficient cause is made out.

6.

Having regard to the fact that there is delay of 68 days as also for the reasons stated in the application, I am satisfied that the applicants have made out sufficient case for condoning the delay. Hence, Civil Application is allowed in terms of prayer clause (a) with no order as to costs.

(R. G. KETKAR, J.) Deshmane(PS)