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Bombay High CourtCA/3899/2021admittedallowedgrantedrule absolute

Dharmaji Hari Gadilwad v. Prasad Shivling Chakankar And ORS

2024-03-06Hon'Ble Shri Justice S. G. Mehare2 pages

24ca3899.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 3899 OF 2021 IN FAST/18240/2020 DHARMAJI HARI GADILWAD

VERSUS

PRASAD SHIVLING CHAKANKAR AND ORS ...

Advocate for Applicant : Mr. Dhanaji Kudale h/f Mr. Gadegaonkar Bharat N.

Advocate for Respondent No. 3 : Borde Rushikesh Dharmaraj (Through V.C.) ...

CORAM : S. G. MEHARE, J.

DATE : 06th MARCH,2024 PER COURT :

1.

Heard the learned counsel for the applicant and the learned counsel for respondent No. 3 through Video Conferencing.

2.

None appears for contesting respondent No. 2. 3.

Respondent Nos. 1 and 4 to 6 were duly served but they did not appear. Hence, they proceeded Ex-parte .

24ca3899.21 4.

Perused the application for condonation of delay. It is a short delay. For the reasons mentioned in application, delay may be condoned and the application deserves to be allowed. Hence following order :

ORDER

a) Application is allowed.

b) Office to register the appeal.

c) Mr. Borde, learned counsel waives service of notice for respondent No. 3.

d) After registration of appeal, issue notice to the respondent No. 2, returnable on 29.04.2024. e) Call for Record and Proceedings.

( S. G. MEHARE ) JUDGE mahajansb/