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Bombay High CourtCA/14027/2021admittedallowedgrantedrule absolute

Sudhakar Rajaram Kulkarni And Others v. Narendra Subhash Lavhare And Others

2023-10-13Hon'Ble Shri Justice Kishore C. Sant2 pages

1 918-CA 14027-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14027 OF 2021 IN SAST/5117/2020 Sudhakar Rajaram Kulkarni and others .. Applicants

Versus

Narendra Subhash Lavhare and others .. Respondents Mr. Sarang P. Joshi, Advocate for the Applicants. Mr. Rahul D. Khadap, Advocate for Respondent Nos. 2, 5 & 6. CORAM : KISHORE C. SANT, J.

DATED : 13th OCTOBER, 2023.

P. C. :- .

Heard.

2.

None appears for respondent Nos. 1, 3 and 4 though served. Learned advocate Mr. Khadap appears for respondent Nos. 2, 5 and 6. 3.

The present application is filed for condonation of delay of 193 days caused in filing second appeal.

4.

Learned advocate for the applicants submits that, because of genuine difficulty the applicants could not file appeal within time. 5.

Mr. Khadap, learned advocate for respondent Nos. 2, 5 and 6

2 918-CA 14027-2021.odt opposes the application submitting that no sufficient cause is shown for condonation of delay. Old age of applicant No. 1 cannot be said to be sufficient ground when other applicants are there. 6.

However, considering that the substantive rights of the applicants are involved in the appeal, the application is allowed. Delay stands condoned.

7.

Office to register the second appeal.

8.

The civil application stands disposed off.

( KISHORE C. SANT, J. ) P.S.B.