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Bombay High CourtIA/18505/2022disposed off

A. D. Nene (Deceased) Thr. L.R.S. Arati Nen And ANR. v. Charudatta Somdatta Shukla

2023-10-31Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1/2 25.ia18505.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18505 OF 2022 FIRST APPEAL STAMP NO.18223 OF 2022 A. D. Nene (Decd) Through LR Arati Nene & Anr.

...Applicants vs.

Charudatta Somdatta Shukla

...Respondent

Mr. Satyajeet Joshi with Sandeep Mahadik for the Applicants. Mr. S. P. Shirvastav for the Respondent.

CORAM : NITIN B. SURYAWANSHI, J.

DATED : 31ST OCTOBER 2023 P. C. :

1.

This application is filed for delay of 73 days in filing First Appeal, reasons for delay are set out in application.

2.

Learned Advocate for Respondent has strenuously opposed application by filing affidavit of Respondent. It is stated that no sufficient ground is made out for condonation of delay and the applicants were also negligent in prosecuting suit, therefore, no case is made out by applicants for condonation of delay.

Shiv

2/2 25.ia18505.22.doc 3.

For the reasons stated in application, application is allowed (a) and (a)(i) subject to Applicant paying cost of Rs.5,000/- to Respondent within two weeks. Appeal be registered.

[NITIN B. SURYAWANSHI, J.] Shiv