Ashok Namdev Patil v. Rangrao Maruti Patil (Deceased Thr. Legal Heirs)

938. CAS 794.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 794 OF 2018 IN SECOND APPEAL (ST.) NO. 21037 OF 2015 Ashok Namdev Patil ... Applicant/Appellant V/s.

Rangrao Maruti Patil (since deceased) through legal heirs and Ors.

.... Respondents.

None for the Applicant/Appellant.

Mr. M.G. Bagkar I/b. Chetan Patil for Respondents 1-A, 1-B, 1-C, 1-D and 4.

CORAM : N.M. Jamdar, J.

DATE : 26 July, 2019.

P.C. :- Notice in this application was issued on 1 August 2018. The Registry has placed the matter on board under the caption 'after notice', meaning thereby the Respondents are served. Request is made on behalf of the learned Counsel for the Respondents for adjournment. However, considering the fact that the Second Appeal itself is pending since 2015 and considering the extent of delay, I have declined the request.

938. CAS 794.18.doc 2.

I have gone through the application. The delay in filing the Appeal is of 28 days which has been sufficiently explained. In the circumstances, the Civil Application is allowed in terms of prayer clause (b). As regards prayer clause (c) in respect of interim order, it will be considered in the separate application which has already been taken out.

3.

The Civil Application is accordingly disposed of. (N.M. Jamdar, J.)