Sk. Iqbal Sk. Gulab v. Mohd. Israel Mohd. Yusuf Khan And ANR

916-CA-3868-2017

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3868 OF 2017 IN FIRST APPEAL (ST) NO. 5532 OF 2017 SHAIKH IQBAL SHAIKH GULAB

VERSUS

MOHD. ISRAEL MOHD. YUSUF KHAN AND ANOTHER ...

Mr. S.S. Sarda h/f. Mr. S.S. Bora - Advocate for Applicant Mr. S.S. Chapalgaonkar - Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 14th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 288 days, which appears to be cause due to his financial crisis. 3.

The learned counsel for the respondent no.2 strongly opposed the application on the ground that, there is also circulation delay.

4.

However, considering the statutory right of the applicant the delay of 288 days stands condoned subject to condition 1/2

916-CA-3868-2017 that the applicant shall not claim any interest for the aforesaid period of delay and also for delay in circulating the matter belatedly.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The Civil Application is accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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