Bhimraj Dashrath Wakchaure v. Damodhar Kisan Wakchaure And Others

1 C.A. 12510.2013 in S.A. St. 20273.2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 55 CIVIL APPLICATION NO. 12510 OF 2013 IN SAST/20273/2013 WITH CA/12512/2013 IN SAST/20273/2013 BHIMRAJ DASHRATH WAKCHAURE

VERSUS

DAMODHAR KISAN WAKCHAURE AND OTHERS .....

Mr. V.Y.Bhide, Advocate for applicant.

Mr. R.D.Bhalerao, Advocate for R - 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 20th JUNE, 2016 ORAL ORDER :- .

The application is filed for condonation of delay of 355 days caused in filing Second Appeal. Heard both sides.

2.

To ascertain as to whether the delay can be condoned, this Court has gone through the Judgments

2 C.A. 12510.2013 in S.A. St. 20273.2013.odt delivered by the Courts below. Relationship is not disputed and there was contest that some relatives were not made party and some properties were not joined in the Suit. But, the Courts below have held that there was necessity to file genealogy.

3.

In view of the contentions and the submissions made, this Court holds that sufficient cause is shown. The application is allowed. Delay is condoned.

4.

Civil Application stands disposed of.

[T.V.NALAWADE, J.] KNP/C.A. 12510.2013 in S.A. St. 20273.2013.odt