Ibrahim Saheb Burhan Saheb Kokni v. Dulhanbi Malang Saheb Kokni (Since Deceased) And ORS.

CAC-709-14.doc 02.03.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.709 OF 2014 IN CIVIL REVISION APPLICATION (STAMP) NO.33919 OF 2014 Ibrahim Saheb Burhan Saheb Kokni .. Applicant

Versus

Dulhanbi Malang Saheb Kokni (Since deceased through her legal heirs) Shri. Gafoor Saheb Malang Saheb Kokni and others .. Respondents Mr. Patole i/by Mr. S. S. Patwardhan, for the Applicant. None for the Respondents.

CORAM : R.M. SAVANT, J.

DATE : 2nd MARCH, 2015 P.C.

1.

The above Civil Application has been filed for condonation of delay of 89 days in filing the Civil Revision Application. The reasons for the delay find a place in paragraph 4 of the Civil Application. The sum and substance of the reasons is that since the Plaintiff did not comply with the condition Nos.1 and 3 of the impugned order and have complied with the said conditions later on the Applicants did not think it fit to challenge the orders passed below Exh.60 and 62 till then. The Applicants have also averred that the delayed compliance was sought to be challenged by them BGP.

CAC-709-14.doc 02.03.2015 vide application Exh.109A. However, the said application of the Applicant was rejected by the Trial Court. None appears for the Respondents though served. Hence, accepting the reasons mentioned in the paragraph 4, which can be said to be the plausible reasons for the said delay of 89 days, the above Civil Application is allowed. Resultantly, the delay of 89 days stands condoned. List the Civil Revision Application for admission after three weeks. Civil Application is accordingly disposed of. [R.M. SAVANT, J] BGP.