Shri.Bhairavnath Shripati Bhogan v. Smt. Sunita Maruti Desai And ORS.

SIDDHARAM MASHAL Date: 2022.10.20 11:12:24 +0530 IRESH SIDDHARAM MASHAL 28-ia-19130-22.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19130 OF 2022 IN FIRST APPEAL NO. 1004 OF 2011 Bhairavnath Shripati Bhogan .....Applicant V/s.

Sunita Maruti Desai and Ors .....Respondents Mr. S. J. Ghogre Advocate for the Applicant.

Ms Poonam R. Mittal Advocate for Respondent No. 5. CORAM : GAURI GODSE, J.

DATE :

17th OCTOBER 2022 P.C.

1.

This Application is filed by the Appellant for condonation of delay in filing the Application for permitting the Appellant to file private paper-book. By an order dated 22nd June 2011, Appellant was granted conditional time to file private paper-book. Paper-book was not filed within time. Hence, the First Appeal stood dismissed.

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28-ia-19130-22.doc 2.

For the reasons stated in the Application, same is allowed in the following terms:

(i) Delay of 10 years and 351 days in filing this Application is condoned.

(ii) Order dated 22nd June 2011 to the extent of granting conditional time is set aside.

(iii) Applicant shall file private paper-book within period of 6 weeks from today, failing which Appeal shall stand dismissed without further reference to the Court.

(iv) Learned Advocate for the Applicant to serve copy of private paper-book on the Respondents.

[GAURI GODSE, J.] 2/2