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Bombay High CourtCA/2593/2018disposed offdismissed for default

Ravishankar Dashrathrao Navhat v. Vaishali Ravishankar Navhat

2018-06-15Hon'Ble Shri Justice K. K. Sonawane1 pages

1 922-CA-2593-18-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2593 OF 2018 IN FAST/3468/2018 RAVISHANKAR DASHRATHRAO NAVHAT

VERSUS

VAISHALI RAVISHANKAR NAVHAT ...

Advocate for Applicant : Mr. R. B. Deshpande. Advocate for Respondent sole : Mr. N. B. Khandare (Absent). ...

CORAM : K.K. SONAWANE, J.

DATED : 15th JUNE, 2018.

Order :- 1.

Heard learned counsel for applicant. When the matter is called out, no one else turned up on behalf of respondent. 2.

Perused the application. The present application is moved for condonation of 44 days delay for filing the first appeal against the impugned Judgment and Order passed by learned District Judge-4, Nanded, in Miscellaneous Civil Application No. 49 of 2017 dated 11-092017. 3.

In view of reasons mentioned in the application, there is no impediment to allow the application for condonation delay caused in filing the first appeal. It would not cause any prejudice or injustice to the respondents. In contrast, it would sub-serve the purpose for substantial justice. Hence, application deserves to be allowed. Accordingly, application stands allowed in terms of prayer clause (B). The delay caused in filing first appeal against impugned Judgment and Order is hereby condoned. The Registry to take requisite steps for further process. The civil application stands disposed of accordingly. 4.

On registration of appeal, issue notice to the respondent, returnable on 10-07-2018.

5. Meanwhile, call for record and proceedings from concerned trial Court. After receipt of record and proceedings, list the appeal for final hearing on merit at the stage of admission.

[ K. K. SONAWANE ] JUDGE rrd.