Sheshrao Vishnu Dhokane And Others v. Kadubal Govind Gore

(1) 926 CA-5858.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 5858 OF 2021 IN SAST/5391/2021 SHESHRAO VISHNU DHOKANE AND OTHERS

VERSUS

KADUBAL GOVIND GORE ...

Mr. V.S. Bedre, Advocate for the applicants.

Mr. D.R. Shelke, Advocate for the respondent. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

23 OCTOBER 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 794 days in filing the second appeal. The learned Counsel for sole respondent strongly opposed the application on the ground that no proper reason for the delay has been given by the applicants. Moreover, there were concurrent findings of both the learned Courts below against the applicants. However, if this appeal is having any substantial question of law, can be considered at the time of argument on admission. At present, considering the statutory right of the applicants, the application stands allowed in terms of prayer clause (B) subject to cost of Rs. 1500/- to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad

(2) 926 CA-5858.2021.odt within two weeks. The appeal be registered after removal of office objections, if any and after deposit of cost. 3.

The learned Counsel for the sole respondent waives service in the main appeal.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde