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Bombay High CourtCA/5581/2016admittedallowedgrantedrule absolute

Bhairu (L.Rs.) Manik Bhairu Jagtap And Others. v. Rajendra Balbhim Kinikar.

2016-04-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 5581.2016 in S.A. 270.1990.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5581 OF 2016 IN SECOND APPEAL NO. 270 OF 1990 Bhairu (L.Rs.) Manik Bhairu Jagtap & Ors. ..... APPLICANTS V E R S U S Rajendra Balbhim Kinikar ..... RESPONDENT .....

Mrs. M.A.Kulkarni, Advocate for applicants.

Mr. M.B.Kolpe h/f Mr. S.K.Shelke, Advocate for Respondent.

.....

CORAM : T.V.NALAWADE, J.

DATE : 29th APRIL, 2016 ORAL ORDER :- .

The application is filed for setting aside the order passed by this Court on 29/10/2015.

2.

The submissions made and the contentions show that the learned counsel is taking blame to herself. The delay of 130 days is caused in filing the application and for that learned counsel is taking blame to herself.

2 C.A. 5581.2016 in S.A. 270.1990.odt 3.

In view of the circumstances, this Court holds that the delay deserves to be condoned. The order of dismissal dated 29/10/2015 is set aside. Second Appeal is restored to its original position.

4.

List the matter for final hearing on 23/06/2016. [T.V.NALAWADE, J.] KNP/C.A. 5581.2016 in S.A. 270.1990.odt