Shri. Ashok Anandram Gujar v. Shri. Maniklal Anandram Gandhi And ORS

Pradnya Bhogale 1 36 caa 876-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.876 OF 2017 IN APPEAL FROM ORDER (ST.) NO.27597 OF 2017 Ashok Anandram Gujar ... Applicant Vs.

Maniklal Anandram Gandhi & ors.

... Respondents .....

Hetal Vithlani a/w Mr. Umesh Tawari and Mr. Kunal Kamath I/b. M/s. S. Ashwinikumar & Co. for the applicant. Ms. Tejas J. Kapre I/b. Mr. J.S. Kapre for respondent Nos.2(a) to 2(d) and 3.

.....

CORAM

: M. S. KARNIK, J.

DATE : 26th JULY, 2019.

P. C.:

1.

This is an application for condonation of delay. The learned counsel for the applicant invited my attention to the averments made in the application and submitted that the delay of 225 days caused in filing the Appeal From Order deserves to be condoned. An affidavit in reply has been filed strongly opposing the application for condonation of delay.

2.

Learned counsel for respondent Nos.2(a) to 2(d) and 3 would submit that there is hardly any explanation found in the application for condonation of delay. According to learned

Pradnya Bhogale 2 36 caa 876-17.doc counsel for respondent Nos.2(a) to 2(d) and 3 the delay is not properly calculated.

3.

In my opinion the applicants should not be deprived an opportunity to contest this Appeal on merits only on the ground of delay more so when the delay has been satisfactorily explained. In any case the respondent Nos. 2(a) to 2(d) and 3 can be compensated with cost of Rs.5,000/- (Rupees Five Thousand) to be paid within a period of two weeks from today. The cost of Rs.5,000/- (Rupees Five Thousand) be paid to the respondent Nos. 2(a) to 2(d) and 3.

4.

Civil Application is allowed.

( M. S. KARNIK, J. )