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Bombay High CourtCAS/106/2013allowed

Pandurang Sawliram Sonawane And ORS. v. 1) Smt. Laxmibai Jagannath Sonawane ( Deced. ) 2) Smt. Venubai Vasant Jadhav And ORS.

2016-09-30Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 906-CAS106.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.106 OF 2013 IN SECOND APPEAL (ST) NO.33268 OF 2016 Pandurang S.Sonawane & Ors.

..... Appellants

VERSUS

Smt.Laxmibai Jagannath Sonawane (deceased) & Ors.

..... Respondents Mr.Girish Agrawal for the Applicants.

Mr.Rameshwar Gite for the Respondent nos.2A to 2E. CORAM :

R.D. DHANUKA, J.

DATE :

30th SEPTEMBER, 2016 P.C.

By this civil application the applicants seek condonation of delay of 78 days in filing second appeal. No affidavit in reply is filed by the respondents though served. I have heard the learned counsel for the applicants and the learned counsel for the respondents. I have perused the averments made in the civil application. In my view there is no substance in the objections raised by the learned counsel for the respondents across the bar while opposing the civil application for condonation of delay. In my view the applicants have sufficiently explained the reasons for condonation of delay of the civil application. Delay of 78 days in filing second appeal is accordingly condoned. Civil application is disposed of in the aforesaid terms. No order as to costs.

2.

The applicants are directed to remove all other office objections within one week from today. Place the second appeal on board for admission on 4th October, 2016.

[R.D. DHANUKA, J.]