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Bombay High CourtCA/10428/2013admittedallowedgrantedrule absolute

Punda Hanmanta Mali(Shinde Died Lrs Laxmibai And Others v. Madhavrao Gopalrao Kulkarni Died Lrs Promodini Prabhakar Kulkarni And Others

2020-02-04Hon'Ble Shri Justice V.L. Achliya2 pages

10428.13CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 10428 OF 2013 IN SAST/8065/2013 PUNDA HANMANTA MALI(SHINDE) DIED LRS LAXMIBAI AND OTHERS

VERSUS

MADHAVRAO GOPALRAO KULKARNI DIED LRS PROMODINI PRABHAKAR KULKARNI AND OTHERS ...

Mr.S.S. Pawar, Advocate for applicant.

Mr.J.R. Patil, Advocate for respondent no.1B. ...

CORAM: V.L. ACHLIYA,J.

DATE : 04.02.2020 ORAL ORDER:

The applicant-appellant has moved this application for condonation of 42 days delay caused in filing appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant and Advocate Mr.J.R. Patil representing the contesting respondent no.1-A. Although respondent no.7 is shown to be unserved, the learned counsel submits that the respondent no.7 is formal party.

3.

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

10428.13CA.odt application assigning reasons for condonation of delay, I am of the view that the delay deserves to be condoned. Accordingly, the application is allowed in terms of prayer clause "B". Delay condoned. Appeal be registered subject to removal of office objections, if any.

4.

Civil Application is disposed in above terms.

[V.L. ACHLIYA] JUDGE SGA