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Bombay High CourtCAS/444/2015allowed

Bhanudas Ramu Bhosale (D/H) v. Maruti Ramu Bhosale (D/H) And Others

2016-09-23Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 20.cas-444.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.444 OF 2015 IN SECOND APPEAL (ST.) NO.29601 OF 2014 Bhanudas Ramu Bhosale (since deceased) through his legal heirs Vijay Bhanudas Bhosale ..

Applicant Vs.

Maruti Ramu Bhosale (since deceased) through his legal heirs 1A) Chandrakant Maruti Bhosale & Ors.

..

Respondents --- Mr.Amit Gharte a/w Mr.J.S. Yadav for Applicant. None for Respondents.

--- CORAM : R.D. DHANUKA, J.

DATE : 23rd September 2016 P.C.

.

By this civil application, the applicant seeks condonation of delay of 196 days in filing the second appeal. None appears for the respondents though served. No affidavit-in-reply is filed. 2.

Learned counsel appearing for the applicant states that due to his advancing age, the applicant was suffering from various diseases and was under constant medical treatment and thus could not pay due attention towards the present proceedings.

3.

I am satisfied that the delay is satisfactorily explained in para (I) of the civil application for condonation of delay. For the reasons recorded in para (I) of the civil application, civil application is made

ppn 2 20.cas-444.15.doc absolute in terms of prayer clause (a). Delay of 196 days in filing the second appeal is condoned. No order as to costs. 4.

Place the second appeal on board for 'Admission' on 10th October 2016.

R.D. DHANUKA, J.