Bhimraj Kondiram Misal v. Asaram Kondiram Misal And ORS

1 [932 - C.A. 11678.2016 in S.A.St. 6976.2016]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.11678 OF 2016 IN SAST/6976/2016 BHIMRAJ KONDIRAM MISAL

VERSUS

ASARAM KONDIRAM MISAL AND ORS ......

Mr. D.P.Palodkar, Advocate for Applicant.

Mr. A.M.Gaikwad, Advocate for R - 1 to 4,8,11. Mr. Yogesh Kale h/f Mr. R.R.Karpe, Advocate for R - 12,13.

......

CORAM : V.L.ACHLIYA, J.

DATE : 10/12/2020 ......

ORAL ORDER :

1.

The applicant has moved this application seeking condonation of 66 days delay in filing Appeal for the reasons set out in detail in the application. 2.

Heard Mr. D.P.Palodkar, learned counsel for applicant/appellant and Mr. A.M.Gaikwad, learned counsel for respondent Nos. 1 to 4, 8 and 11. Respondent Nos. 5 to 7, 9 and 10 though served, absent.

3.

On due consideration of submissions advanced in the light of unchallenged uncontroverted pleadings made in the application assigning cause for the condonation of delay, I am of the view the delay deserves to be condoned. In case delay is not

2 [932 - C.A. 11678.2016 in S.A.St. 6976.2016] condoned, prejudice would be caused to the applicant. On the other hand if delay is condoned no prejudice would be caused to the other side. I am, therefore, inclined to allow the application. Hence, the following order.

ORDER

[i] The application is allowed.

[ii] Delay is condoned.

[iii] Appeal be registered.

[V.L.ACHLIYA] JUDGE KNP