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Bombay High CourtCA/4331/2023disposed off

Vyankat Govind Haridas v. Shriram Govind Haridas

2023-04-05Hon'Ble Shri Justice R. M. Joshi2 pages

62-CA-4331-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4331 OF 2023 IN SAST/9995/2023 WITH SA/63/2023 WITH CA/2204/2023 IN SA/63/2023 WITH CA/2203/2023 IN SA/63/2023 VYANKAT GOVIND HARIDAS

VERSUS

SHRIRAM GOVIND HARIDAS ...

Advocate for Applicant : Mr. P. V. Gole h/f Mr. V. D. Gunale Advocate for Respondents : Ms. P. R. Deshpande h/f Mr. R. R. Deshpande ...

CORAM:R.M. JOSHI, J DATE :APRIL 05, 2023 PER COURT :

1.

This application is filed for condonation of delay of 8 days in preferring second appeal.

2.

It is contended that after getting knowledge about the judgment applicant approached to their Advocate and in the process time lapsed.

3.

Learned Counsel for the Respondent opposed the application stating that reason given for condonation of delay is not sufficient.

4.

Perusal of the application shows that no malafides can be attributed to the applicant for not

62-CA-4331-2023.odt filing application in time. No prejudice will be caused to the Respondent if the application is allowed. Hence, the application is allowed in terms of prayer clause 'B'. Appeal be registered.

5.

In Second Appeal (stamp) No. 9995/2023 Ms. P. R. Kulkarni waives notice for Respondent.

6.

Statement of learned Counsel Mr. V. D. Gunale appearing for Respondent in SA/63/2023 as recorded by this Court in order dated 22.02.2023 to continue till next date of hearing.

7.

List the appeals on 14th June, 2023.

(R.M. JOSHI, J.) Malani