← Library
Bombay High CourtCA/10673/2019disposed offdismissed for default

Rambhabai Laxman Garote v. Rahul Subhash Waghmare And ANR

2019-12-19Hon'Ble Shri Justice V.L. Achliya2 pages

10673.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.10673 OF 2019 IN FIRST APPEAL STAMP NO.2543 OF 2019 RAMBHABAI LAXMAN GAROTE

VERSUS

RAHUL SUBHASH WAGHMARE & ANOTHER ...

Advocate for Applicant : Mr.D.A.Bide ...

CORAM : V.L.ACHLIYA,J.

DATE : 19.12.2019 PER COURT:

1] The applicant-appellant has moved this Application seeking condonation of 87 days delay in filing First Appeal for the reasons set out in detail in the application. 2] Heard learned counsel for the applicant - appellant. The respondent nos.1 and 2 though served, absent.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning reasons for condonation of delay, I am of the view that delay has been satisfactorily explained. The delay of 87 days caused in filing Appeal cannot be termed as inordinate. I am,

10673.19CA.odt therefore, inclined to allow this Application. Accordingly, application is allowed in terms of prayer clause-B. Delay is condoned. Appeal be registered.

4] Civil application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC