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Bombay High CourtCA/3104/2017admittedallowedgrantedrule absolute

Bashir Ibrahimkhan Pathan v. Abdul Hamid @ Dagdu Chand Jamadar And ORS

2018-10-31Hon'Ble Shri Justice Arun M. Dhavale1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.3104 OF 2017 IN SECOND APPEAL ST. NO.15999 OF 2016 Bashir Ibrahimkhan Pathan ...APPLICANT

VERSUS

Abdul Hamid @ Dagdu Chand Jamadar & ors....RESPONDENTS .....

Shri Apparao Yenegure, Advocate for applicant Shri Shoyeb Shaikh, Advocate for R.No.1 to 4 .....

CORAM:

A.M. DHAVALE, J.

DATED :

31st October, 2018.

ORAL ORDER :

1.

Respondents No.1 to 4 have been served and appeared through Mr. Shaikh, learned counsel, but have not filed reply. The application shows that there was miscommunication between the applicant and his Advocate about the requirement of certified copies. He provided the copies of judgment and decree in appeal, but was not aware about supplying copies of appeal memo and judgment and decree of the trial Court. The delay is short, of about 14 days. For the reasons stated, the application is allowed. Delay is condoned. Appeal be taken up for scrutiny. Mr. Shaikh, learned counsel waives service for respondents No.1 to 4. Appellant to serve copy of memo of appeal on Mr. Shaikh. ( A.M. DHAVALE ) JUDGE fmp/