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Bombay High CourtIA/1171/2024absolute

Vitthal Chintaman Paradkar v. Reji Varghese S/O. P.J.Varghese And ANR.

2024-04-18Hon'Ble The Chief Justice,Hon'Ble Justice Shri Arif S. Doctor2 pages

402-IA.11712024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1171 OF 2024 IN APPEAL (L) NO. 12087 OF 2024 WITH APPEAL (L) NO. 12087 OF 2024 Vitthal Chintaman Paradkar } Applicant in the matter between Vitthal Chintaman Paradkar } Appellant versus Reji Varghese s/o. P. J. Varghese } & Anr.

} Respondents Mr.

Aniesh S.

Jadhav for the applicant/appellant.

Mr. Samji Joseph with Mr. Melvin Francis i/b. Uni Lex for respondent no. 1.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

18th APRIL 2024 P.C.:

INTERIM APPLICATION NO. 1171 OF 2024:

1.

Affidavit of service filed today is taken on record. The track consignment of the Postal Department enclosed with this affidavit shows that the envelop has been delivered to respondent no. 2.

2.

Mr. Joseph, learned counsel puts in appearance on behalf of respondent no. 1 and waives service of notice.

402-IA.11712024 3.

Heard learned counsel for the parties. The office has reported delay of 45 days in filing the appeal. Though the prayer for condonation of delay has been opposed, however, we find that the delay has sufficiently been explained. Accordingly, the interim application is allowed and the delay in filing the appeal is hereby condoned.

4.

The interim application is disposed of.

APPEAL (L) NO. 12087 OF 2024:

5.

Admit.

6.

Office to proceed accordingly.

by JAYANT VISHWANATH SALUNKE Date:

2024.04.18 18:29:51 +0530 JAYANT VISHWANATH SALUNKE (ARIF S. DOCTOR, J.) (CHIEF JUSTICE)