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Bombay High CourtCA/8503/2018admittedallowedgrantedrule absolute

Abaji Bhikaji Wavare And Another v. Hashmoddin Mainoddin Inamdar And Others

2018-10-08Hon'Ble Shri Justice V.L. Achliya1 pages

45-CA-8503-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 8503 OF 2018 IN SAST/17334/2018 ABAJI BHIKAJI WAVARE AND ANOTHER

VERSUS

HASHMODDIN MAINODDIN INAMDAR AND OTHERS ....

Advocate for Applicants : Mr. Narendra D. Sonavane Advocate for Respondent Nos. 2A To 2C : Mr. A.D. Sonkawade h/f Mr. U.U. Wagh ....

CORAM : V.L. ACHLIYA, J.

DATED : 08th OCTOBER, 2018 PER COURT:- 1.

The applicants have moved this application for condonation of 24 days delay in filing the appeal for the reasons set out in detail in the application.

2.

The respondent no.1 i.e. the original plaintiff and contesting respondent is absent though served. Mr. Sonkawade, learned counsel appearing for respondent nos. 2A to 2C submits that appropriate order may be passed. Respondent nos. 2A to 2F are co-defendants and they are not the contesting parties to the application. 3.

Considering the reasons set out in the application to condone the delay of 24 days in filing the appeal, I am of the view that the delay deserves to be condoned. The reasons as assigned are sufficient to condone the delay of 24 days in filing the appeal. Accordingly, the application is allowed in terms of prayer clause 'B'. Delay is condoned. Appeal be registered.

4.

The civil application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR