Shri Onkar Sharvan Phutke (Died) Through His Legal Heirs Ashok And Others v. Smt Hirabai Vishawanth Jangam (Died) Yogesh And Others

1 942-CA 1044-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1044 OF 2021 IN SECOND APPEAL (ST.) NO. 380 OF 2019 Onkar Sharvan Phutke (died) Through his Legal Heirs Ashok alias Sudhakar Onkar Phukte and others .. Applicants

Versus

Hirabai Vishawanth Jangam (died) Yogesh Vishwanath Jangam and others .. Respondents Mr. S. B. Yawalkar, Advocate for the Applicants. Mr. N. C. Swami, Advocate for Respondent No. 2 & GPA for Respondent Nos. 3 to 5.

Mr. S. S. Gangakhedkar, Advocate for Respondent Nos. 6-A to 6-F. CORAM : BHARAT P. DESHPANDE, J.

DATED : 26th AUGUST, 2022.

PER COURT:- 1.

This is an application for condoning the delay of 41 days caused in filing second appeal.

2.

Heard learned counsel for the applicants and learned counsel for the respondents.

3.

The present application discloses the grounds for condonation of delay in paragraph Nos. 3 and 4. These grounds are considered as sufficient grounds for condoning the delay. Hence, the following order.

2 942-CA 1044-2021.odt

ORDER

(i) The application stands allowed.

(ii) Delay of 41 days stands condoned.

(iii) Office to register the second appeal.

(iv) Civil application stands disposed of accordingly. ( BHARAT P. DESHPANDE, J.) P.S.B.