Devidas Budhaji Hambarde And Others v. Smt. Chioutrabai Vikaram Suryawanshi And Others

1 C.A. 4136.2016 in S.A. St. 8994.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 4136 OF 2016 IN SAST/8994/2016 WITH CA/4137/2016 IN SAST/8994/2016 DEVIDAS BUDHAJI HAMBARDE AND OTHERS

VERSUS

SMT. CHIOUTRABAI VIKARAM SURYAWANSHI AND OTHERS .....

Mr. V.V.Bhavthankar, Advocate for Applicants. Mr. A.U.Patil, Advocate for R - 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 13th JUNE, 2016 ORAL ORDER :- .

The application is filed for condonation of delay in filing Second Appeal by the purchaser. Heard both sides. 2.

In view of the contentions and the submissions made, this Court holds that sufficient cause is shown. However, respondent No. 1 is required to spend on the present proceeding and so she needs to be compensated by

2 C.A. 4136.2016 in S.A. St. 8994.2016.odt paying some costs.

3.

Civil Application is allowed subject to costs of ` 3,000/- [Rupees Three Thousand] by the applicant to respondent No. 1/original plaintiff. The amount is to be deposited in the Court prior to 30/06/2016. If the amount is not deposited, it is to be presumed that the application is rejected.

[T.V.NALAWADE, J.] KNP/C.A. 4136.2016 in S.A. St. 8994.2016.odt