Shri. Govind Shripati Gaikwad v. Shri. Dagadu Bapu

39-cas659-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.659 OF 2016 IN SECOND APPEAL (STAMP) NO.29464 OF 2015 Govind S. Gaikwad ...Applicant V/s.

Dagadu Bapu

...Respondent

Mr.Sachin Chavan for the Applicant.

Mr.Sandeep Koregave for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 7TH DECEMBER, 2016.

P.C. :- 1.

By this civil application, the applicant seeks condonation of delay of 286 days in filing the second appeal. I have also heard the learned counsel for the parties and have perused the averments made in the civil application. No affidavit in reply has been filed by the respondents. Learned counsel appearing for the respondent submits that the delay is not satisfactorily explained by the applicant. 2.

In paragraph 8 of the civil application, the applicant has justified the delay of 286 days in filing the second appeal. In my view the applicant has satisfactorily explained the delay of 286 in filing the civil application.

1/2

39-cas659-16 3.

I therefore, pass the following order :- a).

The civil application is made absolute in terms of prayer clause (b). The applicant is directed to remove all the office objections, if any, within two weeks from today. b).

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

c).

Place the second appeal on board for admission on 10th January, 2017.

(R.D. DHANUKA, J.) 2/2