Sudhakar Sakharam Wable v. Branch Manager, Irrigation Branch Kolegaon Nashik

1 942 CA 3119-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3119 OF 2017 Sudhakar Sakharam Wable ...Applicant

Versus

Branch Manager, Irrigation Branch, Kolegaon & Ors.

...Respondents

.......

Mr. Y. D. Kale, Advocate H/F Mr. R. R. Karpe, Advocate for Appellant.

Mr. S. B. Patil, Advocate for Respondents No. 1 & 2. Mr. Y. G. Gujarathi, A. G. P. for Respondent No. 3-State. .......

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

11-01-2019.

ORAL ORDER :

01.

Present application has been filed for condonation of delay of 37 days.

02.

The appellant / applicant intends to file the present appeal, who was the original plaintiff and had filed R. C. S. No. 132 of 2008 before Civil Judge, Senior Division, Kopargaon. His suit was dismissed. Thereafter, he had preferred R. C. A. No. 1 of 2011 before District Judge-2, Kopargaon. It came to be dismissed on 21.7.2015. It is stated that due to the communication gap between him

2 942 CA 3119-2017 and his Advocate, he was not aware about the decision. However, after getting knowledge, he immediately collected necessary documents and he took sometime to engage Advocate at Aurangabad. The delay is unintentional. 03.

The learned A. G. P. appearing for respondent No. 3 raised objections stating that the delay of each and every day has not been explained. None present for respondents No. 1 and 2.

04.

It is to be noted that the present appellant / applicant appears to be aged 69 years. He is an Agriculturist residing at village Suregaon in Kopargaon Taluka. There appears to be some substance in his say that due to the inadvertence and communication gap, he could not contact his Advocate in time. In fact, his Advocate had also equal duty to inform the result of the appeal to him. The delay is of only 37 days. Under such circumstance, it deserves to be condoned.

05.

Hence, following Order;

ORDER

(i)Application is hereby allowed.

(ii)The delay caused in filing second appeal is condoned.

3 942 CA 3119-2017 (iii)Registry to verify and number the second appeal and put it for consideration on 13.2.2019.

[SMT. VIBHA KANKANWADI] JUDGE Dahibhate/-