Shivanand Shrishail Jangam v. Basavraj Mallikarjun Hatture

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.134 OF 2018 IN SECOND APPEAL (STAMP) NO.18752 OF 2017 Shivanand Shrishail Jangam and Anr.

.... Applicants V/s.

Basavraj Mallikarjun Hatture and Ors.

.... Respondents Mr. Vishwanath S. Talkute for the Applicants. Mr. Ashok B. Tajane for Respondent Nos.1 to 4. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 23 RD JULY 2018.

P.C. :

1.

Heard Mr. Talkute, learned counsel for the Applicants, and Mr. Tajane, learned counsel for Respondent Nos.1 to 4. 2.

This Civil Application is filed for condonation of delay of 122 days in preferring the Second Appeal.

3.

Having considered the submissions advanced at bar and finding substance in the Second Appeal, the delay is condoned. The Civil Application is allowed, subject to payment of costs of Rs.10,000/-; to be 1/2 CAS-134-18.doc

paid by the Appellants to the Respondents, within a period of two weeks from today, failing which, the Second Appeal to stand automatically dismissed, without any further reference to the Court. 4.

In the event, the costs is deposited within the stipulated time, place the Second Appeal for admission on 7th August 2018. 5.

The ad-interim relief granted by this Court vide order dated 1st March 2018, which is continued from time to time till today, is extended till 7th August 2018.

6.

Civil Application is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAS-134-18.doc