Mr. N. Shankar Mahadevan v. Smt. Shobha Sunil Kambli Widow Of Sunil G. Kambli And ORS.

13-CAF-3489-2018.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3489 OF 2018 IN FIRST APPEAL [STAMP] NO.25270 OF 2018 N. Shankar Mahadevan ] Applicant Vs.

Shobha Sunil Kambli widow of ] Sunil G. Kambli and others ] Respondents .....

Mr. Pandit Kasar, for Applicant.

Ms. C.S. Savithri, for Respondents No.1 to 3. Mr. Karl Tamboly a/w Sheetal Shah, Dimple Bitra, Dua Shaikh i/b M/s. Mehta & Girdharlal, for Respondent No.4. ......

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 7th August, 2023.

P.C.

1.

Heard learned Counsel for the applicant and learned Counsel for the respondents.

2.

This is an application seeking condonation of delay of 85 days occurred in filing the appeal against the impugned judgment and decree passed by the trial Court.

3.

Learned Counsel for the respondents object the prayer for condonation of delay.

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2023.08.09 11:17:46 +0530

13-CAF-3489-2018.doc 4.

For the reasons stated in paragraph 8 of the application, it appears that delay was not deliberate but bona fide. As such, application is allowed in terms of prayer clause (a) subject to costs of Rs.5,000/- to be paid to respondent No.1 within four weeks. Subject to deposit of costs, Registry to number the appeal. 5.

Application is disposed of.

[PRITHVIRAJ K. CHAVAN, J.]