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Bombay High CourtCA/8944/2019admittedallowedgrantedrule absolute

Tukaram Sonaji Dubukwad And Another v. Ananda Ganpati Yermure And Others

2024-08-22Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:18941 1 930 ca 8944-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 8944 OF 2019 IN SAST/4532/2019 TUKARAM SONAJI DUBUKWAD AND ANOTHER

VERSUS

ANANDA GANPATI YERMURE AND OTHERS ...

Mr. Dhage Vaibhav B., Advocate for Applicants Mr. Gaikwad Anil M., Advocate for Respondent Nos.1 & 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 22/08/2024.

P. C. :

1.

Heard rival submissions.

2.

The applicants / appellants are seeking condonation of delay of 1215 days in filing the second appeal challenging the judgment and decree dated 13/07/2018 in first appeal i.e. RCA No.32 of 2007.

3.

The learned counsel for the respondents strongly opposed the application on the ground that there are concurrent findings of both the learned courts below against the present appellants. However, that can be considered at the time of admission of the appeal. At this juncture, the delay can be condoned after imposing

2 930 ca 8944-19 suitable cost. As such, the application stands allowed in terms of prayer clause-A subject to cost of Rs.2000/- to be paid to the Advocate's Bar Library, High Court, Aurangabad. 4.

The application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-