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Bombay High CourtCA/6491/2018disposed offdismissed for default

Payal @ Shruti W/O Saurabh Kulkarni v. Saurabh Vijay Kulkarni

2019-09-20Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice S. M. Gavhane1 pages

( 1 ) ca6491.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6491 OF 2018 IN FCAST/2342/2018 WITH CA/6492/2018 IN FCAST/2342/2018 PAYAL @ SHRUTI W/O SAURABH KULKARNI

VERSUS

SAURABH VIJAY KULKARNI Ms. Ashwini Sahasrabudhe h/f Mr. Rajendra S. Deshmukh, Advocate for the applicant Mr. A. Deshmukh, Advocate for the respondent CORAM :

SUNIL P. DESHMUKH & S.M. GAVHANE, JJ.

DATED :

20-09-2019 P.C. :- 1.

The application is heard with the consent of the parties. There is delay of 35 days in filing the first appeal. Applicant refers to contents of application in Paragraphs No. 3 to 6 and states that in these circumstances delay has been explained satisfactorily.

2.

Though learned counsel for the respondent purports to resist veracity of the contents of the application is not over come by production of any credible material. In the circumstances, having regard to the decisions in the case of Collector, Land Acquisition, Anantnag Vs. Ms. Katiji and others reported in AIR 1987 SC 1353 and in the case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others reported in (2013) 12 Supreme Court Cases 649, we deem it expedient to condone the delay. Civil application is, accordingly, allowed in terms of prayer clause (B) and is disposed of.

[S.M.GAVHANE, J.] [SUNIL P. DESHMUKH, J.] ssp/Sep.19/ca6491.18.odt