Bhiku Nathu Gangawane v. Sandeep Ramchandra Gangawane And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1 OF 2022 IN APPEAL FROM ORDER ST NO.22844 OF 2018 Bhiku Nathu Gangawane .. Applicant

Versus

Sandeep Ramchandra Gangawane & ors .. Respondent ...

Mr.Ajinkya Jaibhave i/b Limbadri V.B. for the applicant. CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2022 P.C:- Civil Application No.1/2022 By the present application, the delay of 72 days in filing the Appeal, challenging the judgment dated 7/4/2018 is prayed for.

Heard learned counsel for the applicant and perused the application, which offer explanation as to why the Appeal could not be instituted within the period of limitation after the judgment and order was pronounced on 7/4/2018. The explanation offered in paragraph nos.3 to 6 being bonafide and sufficiently explain the delay, I am inclined to condone the same. Tilak

2/2 19 CAA 1-22.doc Civil Application No.1/2022 is allowed in terms of prayer clause (a).

Appeal From Order St No.22844/2018 Office noting reflect that the notice to respondent nos.1, 3 and 4 is served and on behalf of respondent no.3, Advocate Ajay Panicker has filed his vakalatnama. Respondent no.2 is yet to be served.

Appellant shall take necessary steps to serve the unserved respondent.

In view of the urgency expressed, steps to be taken to serve the unserved respondent on or before 8/4/2022. List on 11/4/2022.

( SMT. BHARATI DANGRE, J.) Tilak