Shri. Baburao Kalappa Kokane And ANR. v. 0

23 caf479-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.479 OF 2018 IN FIRST APPEAL (ST.) NO.29940 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Chetan G. Patil for the Applicant CORAM : K. K. TATED, J DATE : AUGUST 22, 2019 P.C.:

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Heard the learned counsel for the Applicant.

By this Civil Application, Applicant is seeking condonation of 4 years 269 days delay in filing First Appeal challenging the order dated 20.10.2012 passed by Joint Civil Judge, Senior Division, Kolhapur in M.A.No.165 of 2001.

The learned counsel for the Applicant submits that initially they filed appeal before Mohite 1/2

23 caf479-18.doc the District court. Same was withdrawn with liberty to file afresh appeal before this court in view of subsequent development.

In view of above mentioned facts and that initially, Applicant has filed Appeal before the District court and thereafter, matter was withdrawn with liberty to file Appeal before this court, I am satisfied that the Applicant has made out a case for following order:

a. Delay in filing First Appeal is condoned.

b. Civil Application stands disposed of accordingly.

c. No order as to costs.

(K.K.TATED, J.) Mohite 2/2