Nanasaheb @ Nivrutti Baburao Shinde Lrs Sumanbai And Othres v. M/S Baldawa And Co., Through Its Partner Ramakant Durgaprasad Baldawa

27.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8089 OF 2021 IN SAST/12158/2021 NANASAHEB @ NIVRUTTI BABURAO SHINDE LRS SUMANBAI AND OTHRES

VERSUS

M/S BALDAWA AND CO., THROUGH ITS PARTNER RAMAKANT DURGAPRASAD BALDAWA ...

Advocate for Applicants : Mr. Dixit Sushant V. Advocate for Respondent Nos. 1, 2 & 4 : Mr. Akshay Kulkarni h/f. Mrs. Anjali Bajpai Dube CORAM : RAJESH S. PATIL, J.

DATE : 12th DECEMBER, 2022 PER COURT :

1.

This Civil Application is filed for condoning delay in filing the Second Appeal.

2.

There is delay of 2562 days in filing the Second Appeal. Learned Advocate for the respondents has raised objection to condone the delay.

3.

The Supreme Court in the matter of Dr.

Yashwantrao Bhaskarrao Deshmukh Versus Raghunath Kisan Saindane, reported in 2021 SCC Online SC 914, set aside the

27.odt order of High Court, which rejected the delay condonation application in filing the Second Appeal. In view of the ratio laid down in the above mentioned Supreme Court judgment and the submissions made in the Civil Application, Civil Application is allowed in terms of prayer clause ' A'

, subject to costs of Rs. 2,000/- (Rupees two thousand) to be paid by the applicants to the respondents.

4.

After the costs is paid, office to number the Second Appeal.

5.

Civil Application stands disposed off.

( RAJESH S. PATIL, J. ) SPChauhan