Shri Laxmikant Ramesh Thete And ORS v. Jagannath Balu Thete And ORS

13 caa1408-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1408 OF 2013 IN APPEAL FROM ORDER (ST) NO.27176 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms.Kinnari i/b Mr.S.D.Shinde for the applicant Ms.Leena Patil for the respondent

CORAM

: K.K.TATED, J.

DATED : 20/04/2015 PC:

Heard the learned counsel for the parties.

This application is preferred by plaintiff for condonation of 112 days delay in filing Appeal from Order challenging the order dated 25.2.2013 passed by 8th Joint Civil Judge, Senior Division Nasik below Exhibit 5 in Special Civil Suit No.212 of 2012 rejecting the plaintiff's application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for Mohite 1/2

13 caa1408-13.doc allowing the present Civil Application. Hence, following order:

a) Delay of 112 days in filing Appeal from Order is condoned.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2