Shri Bhimrao Anna Petkar v. Shri Vishwas Anna Petkar

cac-675-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.675 OF 2016 IN CIVIL REVISION application (ST.)NO.22512 OF 2016 Shri Bhimrao A. Petkar ..

Applicant (Orig. Petitioner) v/s.

Shri Vishwas A. Petkar & Others ..

Respondents.

Mr. S. R. Ghanwat, for the Applicant/Original Petitioner. Mr. Pratap Patil, for the Respondents.

CORAM: M.S.SANKLECHA, J.

DATE : 21st AUGUST, 2017.

P.C:- This application has been taken out for condonation of 466 days delay in filing this accompanying Civil Application from the order dated 28th January, 2015 passed by the Joint Civil Judge, Junior Division, Islampur in RCS No.745 of 2012. The reasons for the delay was that the Applicant prosecuted the remedy of an appeal before the District Judge, Islampur against the impugned order dated 28th January, 2015 and the same was dismissed on 16th July, 2016 on the ground that no appeal lies from an order dismissing application for rejection of the plaint under Order 7 Rule 11 (a)(d) of the Code of Civil Procedure. I am satisfied with the reasons mentioned in the application. Accordingly, Application is allowed in terms of prayer clause (a). (M.S.SANKLECHA,J.) S.R.JOSHI