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Bombay High CourtCAF/675/2014

Smt. Shantabai Baliram Drave v. Smt. Ratubai Mhadev Kawale

2019-08-14Hon'Ble Shri Justice K.K. Tated2 pages

6 caf675-14.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.675 OF 2014 IN FIRST APPEAL (ST.) NO.32489 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.G.Toraskar for the applicant CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.:

.

Heard the learned counsel for the Applicant.

Though Respondents are duly served, no one appeared on behalf of them when the matter was called out.

Office note shows that Civil Application stands dismissed against Respondent nos.3 and 4 as per order dated 16.6.2015.

By this Civil Application, Applicant plaintiff is seeking condonation of 9 days delay Mohite 1/2

6 caf675-14.doc in filing First Appeal challenging the judgment and decree passed by Trial Court.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Delay in filing First Appeal is condoned.

b.

Registry is directed to show in cause title of First Appeal that same stands dismissed against Respondent nos.3 and 4 as per order dated 16.7.2013.

c.

Civil Application stands disposed of accordingly.

d.

No order as to costs.

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