Lalitabai Damodhar Kakde Thro. G.P.A. Bhagirath Ramkisan Band v. Gena Rambhau Jadhav Died Thro. Lrs Mitthu And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11737 OF 2016 (Lalitabai w/o Damodhar Kakde Vs. Gena Rambhau Jadhav, through LR's and others) IN SECOND APPEAL STAMP NO.5788 OF 2015 Mr.S.K.Naikwade, Advocate for the applicant.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 09/02/2018 PER COURT :

1.

The applicant prays for condonation of 84 days delay caused in filing the second appeal.

2.

Despite the notice of this Court having been served on respondent Nos. 2 to 5, no appearance has been entered. None present for respondent No.1.

3.

I do not find that the delay of 84 days can be termed as being deliberate or inordinate. This civil application is, therefore, allowed and the delay is condoned subject to the appellant depositing costs of Rs.500/- with the Advocate's Association of the Bombay High Court, Bench at Aurangabad on or before 28/02/2018, failing which, this order shall stand recalled and the civil application shall stand khs/FEB.2018/11737-d

rejected on 01/03/2018 without reference to the Court. 4.

If the above direction is complied with, list the second appeal for admission on 12/03/2018 subject to the removal of all office objections.

( RAVINDRA V. GHUGE, J.) khs/FEB.2018/11737-d