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Bombay High CourtCA/1202/2020application allowed

Ashok Ramappa Katkar v. Deokabai Mansingh Rajput And Others

2023-03-23Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1202 OF 2020 IN SAST/2412/2020 WITH CA/1203/2020 IN SAST/2412/2020 ASHOK RAMAPPA KATKAR

VERSUS

DEOKABAI MANSINGH RAJPUT AND OTHERS Mr. M. G. Deokate, Advocate for the applicant Mr. S. K. Chavan, Advocate for respondent Nos. 1, 2A to 2C, 3 and 4. CORAM : R. M. JOSHI, J.

DATE : 23rd MARCH, 2023 PER COURT :- 1.

This application is filed for condonation of delay of 395 days in filing second appeal against the judgment and decree dated 30/08/2018 passed by the District Judge-1, Jalna in Reg.C.A. No. 188/2017 whereby the judgment and decree dated 03/08/2018 passed by CJJD, Jalna in Reg.C.S. No. 376/2001 was confirmed. 2.

The reasons mentioned in the application for condonation of delay are satisfactory. The contesting respondent in fact of service of notice have failed to appear to oppose the application which indicates that these respondents are not intending to take exception to this application.

48.ca1202.20.odt

3.

This Court does not find any malafides which can be attributed to the applicant for not preferring the appeal in time. In the interest of justice, delay stands condoned. Appeal be registered. (R. M. JOSHI, J.) ssp 48.ca1202.20.odt