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Bombay High CourtCAS/547/2017allowed

Shri. Kallappa Sambhu Teli Alias Kore v. Shri. Shrikant Bapuso Kore And ORS.

2018-01-11Hon'Ble Shri Justice Nitin Jamdar1 pages

22. CAS. 547.17 .doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 547 OF 2017 in SECOND APPEAL (St.) NO. 23004 OF 2016 Mr. Kallappa Sambhu Teli alias Kore.

... Applicant/Appellant.

V/s.

Mr. Shrikant Bapuso Kore and Ors.

... Respondents.

Mr. Abhijit M. Adagule for the Applicant/Appellant. CORAM : N.M. Jamdar, J.

DATE : 11 January, 2018.

P.C. :- Heard learned Counsel for the Applicant. Delay in filing the Second Appeal is of 248 days. In the application the reasons are set out in paragraph 9. Inspite of service of notice on the Respondents, none has appeared. They have not filed their Vakalatnama, let alone contesting the application by filing a reply. Considering the averments which have gone uncontroverted, a case is made out for condoning the delay. The Civil Application is allowed in terms of prayer clause (a).

2.

Place the Appeal on board as per CMIS after all office objections are removed (N.M. Jamdar, J.)