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Bombay High CourtCA/3950/2008admittedallowedgrantedrule absolute

Goraknath Mayanji Karale And ANR v. Nanuabai Mayanji Kardile (Dead ) Asarabai Dadaba Bhagat And ORS

2015-10-09Hon'Ble Shri Justice T.V. Nalawade1 pages

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FARAD CONTINUATION SHEET NO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD.

Civil Application No.3950 of 2008 With Civil Application No. 3951 of 2008.

(Goraknath Mayanji Karale And Another Vs Nanubai Maynji Kardile (deda) through L.Rs. And Others) District:Ahmednagar.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's order Shri. S.P. Brahme, Advocate, for applicant Shri. V.S. Badakh, Advocate, for respondent No.2 to 4. ----------- Coram: T.V. NALAWADE, J.

Date: 9th October 2015 ----------

1) Application is filed for condonation of delay which is more than 2 years and 973 days cause in filing the second appeal against the Regular Civil Appeal No. 346 of 1999 which was pending in Civil Judge, Senior Division, Ahmednagar. Notice in present proceeding sent to some respondents but proceeding already disposed as against respondent No.1 as he is dead and respondent No.6 as no steps were taken. At present learned counsel Shri. V.S. Badakh is heard for respondent No.2 to 4. Nobody turned up for respondent Nos. 7b,7d,8 t0 10 and respondent Nos. 5,7a,7c. In view of the contents of the application and the submissions made, the application is allowed and delay is condoned. Appeal is to be registered only against respondents who were served and not against respondent Nos.1 and 6. (T.V. NALAWADE, J.) mnp