Salim Pathan Vajeer Pathan And Others v. Khiyal Jivandas Katariya Deceased Through Lrs Kiran Khiyal Katariya And Another

6445.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.6445 OF 2019 IN SECOND APPEAL STAMP NO.12110 OF 2019 SALIM PATHAN VAJIR PATHAN AND OTHERS

VERSUS

KHIYAL JIVANDAS KATARIYA DECEASED THROUGH HIS L.RS.

KIRAN KHIYAL KATARIYA AND ANOTHER ...

Advocate for Applicants : Mr.Ameet R. Vaidya Respondents - party in person : Mr.Kiran Khiyal Katariya.

...

CORAM : V.L.ACHLIYA,J.

DATE : 03.07.2019 PER COURT:

1] The applicants-appellants have filed this Civil Application seeking condonation of delay of 5 days in filing the Second Appeal.

2] Heard the learned counsel for the applicants - appellants and respondent no.1, who is present in-person. Perused the reply filed by the respondents.

6445.19CA.odt 3] Considering the submissions advanced in the light of cause shown in the application for condonation of delay, I am of the view that the delay caused in filing the Appeal deserves to be condoned. No serious prejudice would be caused to the respondents if the delay is condoned as ultimately Appeal will be admitted and decided on merits. Accordingly, Civil Application No.6445 of 2019 is allowed.

4] Appeal be registered and placed for admission on 19th August, 2019, subject to removal of office objections.

[V.L.ACHLIYA] JUDGE DDC