Shri. Vasant Baburao Mane v. Shri. Shivaji Sopan Gaikwad And ORS.

Rane (sr.35) 1/2 CAS-121-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 121 OF 2017 IN SECOND APPEAL (ST) NO. 23927 OF 2016 Shri. Vasantrao Baburao Mane ....Applicant V/s.

1. Shri. Shivaji Sopan Gaikwad & Ors.

....Respondents Mr. Rahul Vijaymane i/by. Mr. S.A. Rajeshirke, Advocate for the Applicant.

Mr. Niketan Nakhawa, Advocate for Respondents no.1, 4 and 5. Coram :- N.M. Jamdar, J.

Date :- 5 May, 2017.

P.C. :- .

Heard Learned Counsel for the parties.

2.

Perused the Application. The delay in filing the Appeal is of 88 days. The Learned Counsel for the Respondents, points out that, even after affirming the Application, there is a further delay. This objection is correct. There is no explanation for this delay.

Rane (sr.35) 2/2 CAS-121-2017 However, the delay between affirmation and filing is not gross and the equities can be balanced by imposition of suitable costs. Accordingly, the Civil Application is allowed in terms of prayer clause (b), on condition that the Applicant pays costs of Rs.1,000/- to the Respondents within a period of 4 weeks from today. 3.

Place the Second Appeal on board as per its CMIS date. (N.M. Jamdar, J)