Mukta Yesu Pagare v. Ghamaji Bhavaji Pagare Lrs Indubai And Others

946.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.3452 OF 2014 IN RAST/7926/2014 MUKTA YESU PAGARE

VERSUS

GHAMAJI BHAVAJI PAGARE LRS INDUBAI AND OTHERS ...

Advocate for Applicant : Mr. Suryawanshi Surendra V. And Sachin J. Kadam Advocate for Respondents : Mr. S. B. Kadu

CORAM

: V. L. ACHLIYA, J.

DATE : 2nd August, 2019

ORDER

1.

The application is filed seeking condonation of delay of 25 days in filing the application review application.

2.

Heard learned counsel for the applicant and learned counsel for the respondents.

3.

Learned counsel for the applicant submits that the delay caused in filing the review application was not deliberate and intentional but occurred due to old age of the applicant.

4.

The learned counsel for the respondents opposed the application with contention that the cause assigned is not sufficient to condone the delay. It is submitted that the second appeal filed by the 1/2

946.odt applicant/appellant as against concurrent decisions rendered by the Courts below was rejected by this Court after granting opportunity of hearing and examining the merit of the case. The present application is filed with a view to protract the hearing of the matter.

5.

Considering the overall submissions advanced and in the light of reasons assigned for condonation of delay and the fact that delay is only of 25 days, I am of the view that delay deserves to be condoned 6.

List the review application for admission on 6th August, 2019, first on Board.

(V. L. ACHLIYA, J..) JPC 2/2