Ravindra Bhimrao Bagul v. Mehmoodali Dost Mohammad Makrani And ANR

10221.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.10221 OF 2017 IN FIRST APPEAL STAMP NO.7880 OF 2017 RAVINDRA BHIMRAO BAGUL

VERSUS

MEHMOODALI DOST MOHAMMAD MAKRANI & ANOTHER ...

Advocate for Applicant : Mr.Shrikant S.Patil Advocate for Respondent no.2 :

Mr.S.V.Kulkarni ...

CORAM : V.L.ACHLIYA,J.

DATE : 07.02.2020 P.C.

1] The applicant has moved this application seeking condonation of 225 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant-appellant and the advocate representing respondent no.2 - Insurance Company. The respondent no.1 though served absent.

3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings

10221.17CA.odt made in the application assigning cause for condonation of delay, I am of the view that delay deserves to be condoned. No serious prejudice would cause to the respondents if delay is condoned, as ultimately the appeal will be decided on its own merit. If delay is not condoned, serious prejudice would cause to the applicant-appellant. Therefore, I am inclined to allow civil Application.

Accordingly, application is allowed in terms of prayer clause-b. Delay condoned.

4] Appeal be registered subject to removal of office objection.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC