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Bombay High CourtCA/5473/2025admittedallowedgrantedrule absolute

Devidasrao Tanajirao Deshmukh And ORS v. Shalanbai Uttamrao Deshmukh Died Thr Lrs Sanjay Uttamrao Deshmukh And ORS

2025-06-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:15194 1 64(i).CA.5473-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5473 OF 2025 IN SAST/15115/2025 DEVIDASRAO TANAJIRAO DESHMUKH AND ORS

VERSUS

SHALANBAI UTTAMRAO DESHMUKH DIED THR LRS SANJAY UTTAMRAO DESHMUKH AND ORS ...

Advocate for Applicants : Mr. Vishant Prabhakar Kadam Advocate for Respondent Nos. R.1.1,1.2,2.1,2.2,R.11, : Mrs. A.N. Ansari Advocate for Respondent Nos. 3 to 10 : Mr. Salunke Mayur Vasant ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16th JUNE 2025 PER COURT :

1.

Heard both sides.

2.

Applicants are praying for condonation of delay of 208 days for filing of Second Appeal.

3.

For the reasons stated in paragraph Nos. 3 to 5, delay caused is sought to be condoned.

4.

Learned Counsel for the contesting Respondents Mrs. A. N. Ansari and Mr. Salunke would oppose the application. 5.

Having considered the rival submissions of the parties, I am

2 64(i).CA.5473-2025.doc inclined to condone delay. Substantive rights and liabilities are at stake and the pragmatic approach is to deal with Second Appeal on merits.

6.

Civil Application is allowed in terms of prayer clause 'B'. 7.

Office is directed to register the Second Appeal. SHAILESH P. BRAHME JUDGE NAJEEB..