Ramkrushna Dashrath Golekar v. Pratap Ambarushi Kore

{1} ca5976-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5976 OF 2015 IN SECOND APPEAL STAMP NO.10238 OF 2013 Ramkrushna Dashrath Golekar APPLICANT

VERSUS

Pratap Ambarushi Kore RESPONDENT .......

Mr. U. R. Awate, Advocate for the applicant Mr. N. V. Loya h/f Mr. S. S. Bora, Advocate for respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 17 th MARCH, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

There is delay of about 37 days in approaching this court under second appeal against judgment and decree dated 15th October, 2012.

3.

Learned advocate for the applicant refers to that as a matter of fact, the order had not been known to him and while he went to his advocate, the same came to knowledge and thereafter, application was filed for certified copies, which were received subsequently. Time was consumed in taking advice and

{2} ca5976-15 same had been coupled with monetary hardship and the age factor of the applicant had also affected his mobility and thus the delay has occurred.

4.

Though, learned advocate for the respondent resists submitting that reasons given may not be sufficient, however, he has not been able to challenge veracity of reasons given by producing any credible material.

5.

In the circumstances, it would be appropriate to grant the application. As such, the application stands granted in terms of prayer clause "B" and is disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca5976-15