Prakash Abasaheb Chobhe v. Subhash Rambhau Waghaskar

2024:BHC-AUG:7342 910ca3313-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 3313 OF 2021 IN SAST/2786/2021 PRAKASH ABASAHEB CHOBHE

VERSUS

SUBHASH RAMBHAU WAGHASKAR AND OTHERS ...

Mr. More Abhijit S., Advocate for Applicant

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 4th April, 2024 ORDER:

1.

By the present application, the applicant prays for condonation of delay of 442 days caused in filing second appeal challenging the judgment and decree dated 29.06.2019 passed by the learned District Judge-2, Ahmednagar in RCA No. 309 of 2013 arising out of jdugement and decree dated 29.07.2013 passed by the learned Civil Judge, Senior Division, Ahmednagar in RCS NO. 195 of 2005. 2.

Though the non applicants are served but they failed to appear in the matter and not resisted the present application. 3.

The applicant contended that after receipt of certified copy, he could not contact so also he was facing financial crises. Therefore, considering the grounds set out in the application, I am inclined to condone the delay and proceed to pass the following order:

O R D E R

(1) Civil Application is allowed.

910ca3313-21 (2) Delay of 442 days caused in lodging the appeal is hereby condoned.

(3) Office to register the appeal and place before this Court for further action on 02.05.2024.

( Y. G. KHOBRAGADE, J. ) JPChavan