Shaikh Hussainsab Khajasab Tamboli Lrs Begum And Others v. Balaji Dhuraji More

{1} 934 CA 128 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 128 OF 2018 IN SAST/16176/2017 SHAIKH HUSSAINSAB KHAJASAB TAMBOLI DECEASED THR.LRS.BEGUM AND OTHERS

VERSUS

BALAJI DHURAJI MORE ...

Advocate for Applicants : Shri K.C.Sant Advocate for Respondent : Shri A.M.Gaikwad ...

CORAM : P.R. BORA, J.

Dated: July 10, 2018 ...

PER COURT :- Heard learned Counsel appearing for the applicants and learned Counsel appearing for the respondent.

Learned Counsel appearing for the respondent has strongly opposes to condone the delay stating that the reasons are insufficient to condone the delay.

I have perused the application. It appears to me that the reasons stated in the application are sufficient to condone the delay. Moreover, it is

{2} 934 CA 128 of 2018 delay of short period of 68 days. The matter is to be decided on merits and I am therefore, inclined to allow the application. Hence, the following order is passed:-

ORDER

I) The application is allowed.

II) Delay caused in filing the Second Appeal is condoned.

III) Appeal be registered in accordance with law.

IV) Application for condonation of delay stands disposed of.

( P.R. BORA, J. ) SPT