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Bombay High CourtAPPLN/1262/2017delay condonatedrejected

Madhavrao S/O Shivram Mugatkar v. Keshavrao S/O Shivram Mugatkar And ANR

2017-07-25Hon'Ble Shri Justice V.L. Achliya2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 1262 OF 2017 MADHAVRAO S/O SHIVRAM MUGATKAR

VERSUS

KESHAVRAO S/O SHIVRAM MUGAT ...

Advocate for Applicant : Mr.B.B. Shinde h/f Mr.Ghatge Mahesh V.

Advocate for Respondents : Mr.Shinde Ganesh P. ...

CORAM : V.L. ACHLIYA, J.

Dated: JULY 25, 2017 ...

The applicant has moved this application seeking condonation of delay of 35 days caused in filing appeal along with application seeking leave to file appeal against the judgment and order passed by the trial Court.

2.

In nutshell, it is contention of the learned Counsel for the applicant that the delay was not deliberate.

3.

On the other hand, learned Counsel for the respondents opposed the application with contention that no

1262.17crapln sufficient cause has been assigned to condone the delay.

4.

Having appreciated the submissions advanced in the light of reasons mentioned in the application and further taking note of the consequences to follow if delay is not condoned, I am inclined to allow the application and condone the delay. Hence, following order:

: ORDER :

I) Application is allowed. Delay is condoned. Application stands disposed of.

II) Application seeking leave to file appeal be registered and placed for hearing on 4th August, 2017.

III) Learned Counsel for respondents waives notice for respondents.

(V.L. ACHLIYA,J) kadam/