Pravin Jaywant Madye v. Grampanchayat Kalthar-Devali, Through Sarpanch And ORS.

Shridhar Sutar 1 24-cas-1198-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1198 OF 2018 IN SECOND APPEAL STAMP NO. 2598 OF 2015 Pravin Jaywant Madye ... Applicant

Versus

Grampanchayat Kalthar-Devali and others ... Respondents .....

Mr. A.L. Bhise i/b Mr. Hiten S. Venegavkar for Applicant Mr. Gaurang C. Jhaveri h/f Mr. V. Karnik for Respondent No1. Ms Tanya Goswami, AGP for Respondent No.3-State. .....

CORAM

: SANDEEP K. SHINDE, J.

DATE : 15th FEBRUARY, 2019.

P. C.:

1.

Against the decree of removal of encroachment, the plaintiff has preferred this appeal beyond 25 days of limitation prescribed for filing second appeal. He, thus, seeks condonation of delay of 25 days.

2.

Heard learned Counsel for the applicant and learned Counsel for respondents. The application is opposed by the respondents.

3.

I have perused the application. The sufficient cause has been shown, which prevented the applicant for filing the second appeal within the period of limitation. The delay is therefore condoned.

Shridhar Sutar 2 24-cas-1198-18.doc 4.

Civil application is allowed in terms of prayer clauses (a) and (b).

5.

Second Appeal to come up for hearing as per the CMIS date. ( SANDEEP K. SHINDE, J. )