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Bombay High CourtCA/13198/2017admittedallowedgrantedrule absolute

Annasaheb Babasaheb Kadam And Others v. Tulshiram Namdeo Veer And Another

2018-08-01Hon'Ble Shri Justice P.R. Bora2 pages

{1} 939 CA 13198 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 13198 OF 2017 IN SAST/16914/2017 ANNASAHEB BABASAHEB KADAM AND OTHERS

VERSUS

TULSHIRAM NAMDEO VEER AND ANOTHER ...

Advocate for Applicants : Shri V.P.Savant Advocate for Respondent Nos.1 & 2 : Shri N.V.Gaware ...

CORAM : P.R. BORA, J.

Date: August 01, 2018 ...

PER COURT :- Learned Counsel Shri N.V.Gaware submits that he has instructions to appear on behalf of respondent Nos.1 and 2 and he will file his Vakalatnama during the course of the day.

Delay of 136 days has occurred in filing the present Second Appeal by the applicants.

Learned Counsel appearing for the respondents though has opposed for condoning the delay stating that the reasons as are assigned are insufficient to condone the delay, on perusal of the contents of the application, it appears to me that the applicants have sufficiently explained

{2} 939 CA 13198 of 2017 the delay, which has occurred in filing the present Appeal. I am therefore, inclined to allow the application and pass the following order:-

ORDER

I) Civil application is allowed and disposed of. II) The delay caused in filing the Second Appeal is condoned. III) Appeal be registered in accordance with law. (P.R.BORA) JUDGE SPT