Syed Mahmud S/O Miyanbhai Died Through Legal Representative v. Babulal S/O Hussainbhai

2025:BHC-AUG:21685

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8204 OF 2025 IN CAST/34661/2024 IN SAST/34648/2024 Syed Mahmud S/o Miyanbhai Died Through Legal Representative

VERSUS

Babulal S/o Hussainbhai Mr. Rodge Akash h/f Mr. Mahesh Kale, Advocate for Applicant

CORAM

: R. M. JOSHI, J.

DATE : 07th August, 2025 PER COURT :- 1.

Heard learned counsel for applicant. He submits that the notice was not issued to the respondent at the time of dismissal of Second Appeal Stamp No. 34648/2024 and hence he seeks dispension of notice to the respondent. It is his further submission that the delay caused in filing of the application is not deliberated and no prejudice will be caused to the other side if delay is condoned. Consequently, appeal filed in time shall indicates intention of the appellant to prosecute the appeal. 2.

Perusal of the application shows that the delay has been satisfactorily explained. Hence application stands allowed in terms of prayer Clause "A-1 and B".

937-CA-8204-2025.odt

3.

Learned counsel for the applicant undertakes to remove office objection within a period of two weeks. If objections are removed, office to register the appeal. In failure thereof, appeal shall stand dismissed without further reference to the Court.

(R. M. JOSHI, J.) bsj 937-CA-8204-2025.odt