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Bombay High CourtCAS/140/2016allowed

Shri Shamrao Vishnu Patil v. Shri Pandu Rama Dhor (Decd.) By His Lrs. Shyamrao S/O Pandu Shinde (Dhor) And ORS.

2016-09-19Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 14-CAS140.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.140 OF 2016 IN SECOND APPEAL NO.200 OF 1993 Shamrao Vishnu Patil ..... Applicant

VERSUS

Pandu Rama Dhor, Since deceased through legal heirs and representatives & Ors.

..... Respondents Ms.Rekha Musale, i/b. Ms.Varsha Palav for the Applicant. Mr.Ketan Joshi, i/b. Mr.Sanjiv Sawant for the Respondent no.1B. CORAM :

R.D. DHANUKA, J.

DATE :

19th SEPTEMBER, 2016 P.C.

By this civil application, the applicant seeks condonation of delay in filing civil application, for setting aside the dismissal order dated 4th March, 1994, for seeking amendment to the second appeal. No affidavit in reply is filed by the contesting respondent. I have heard learned counsel appearing for the parties. In my view, the applicant has made out the case for grant of reliefs as prayed in the civil application.

2.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clauses (a) to (d). Amendment to be carried out within two weeks from today. No order as to costs.

[R.D. DHANUKA, J.]