Ganga Prasad Chetnarayan Mishra And ORS v. Shah Babulal Khimaji (Since Deceased) Through Legal Heirs

24.CAA1217_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1217 OF 2015 IN APPEAL FROM ORDER (St.) No. 16634 OF 2015 Ganga Prasad Chetnarayan Mishra & ors.

... Applicants Vs.

Shah Babulal Khimaji (Decd.) through his LRs. Laduben Babulal Shah& Ors. ... Respondents Mr. S.R. Agarkar, Advocate for the applicants. Mr. Dinesh P. Shah, Advocate for respondent nos. 1A to 1E. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 5th January, 2018.

P.C.:

This Application is moved for condonation of delay in filing the Appeal from Order.

2.

The learned counsel for the applicant submitted that there is a delay of 13 days in filing Appeal from Order. He submitted that due to ill-health of the Advocate's clerk, the Appeal remained to be filed. The delay is not deliberate and hence it may be condoned. 3.

in view of the submissions made by the learned counsel for the applicant, sufficient cause is made out. Hence, delay of 13 days is condoned.

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24.CAA1217_2015.doc 4.

Appeal be numbered.

5.

Civil Application is allowed and is disposed of accordingly. 6.

Place the Appeal for admission on 16th February, 2018. (MRIDULA BHATKAR, J.) 2 / 2