Rahul Somnath Pandhare v. Dattatraya Sambhaji Pandhare And Others

10682.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.10682 OF 2019 IN SAST/20772/2019 RAHUL SOMNATH PANDHARE

VERSUS

DATTATRAYA SAMBHAJI PANDHARE AND OTHERS ...

Mr.P.S. Chavan, Advocate for applicant.

Mr.D.A. Madke h/f Mr.S.Y. Mahajan, Advocate for respondent nos.1, 3, 4, 6 to 10, 12 ...

CORAM: V.L. ACHLIYA,J.

DATE : 06.12.2019 ORAL ORDER:

The applicant moved this application for condonation of 16 days delay in filing the appeal for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicant and respondent nos.1, 3, 4, 6 to 10 and 12. Respondent No.2 though served, absent. Respondent Nos.5 and 11 are dead and appeal against them is reported to be abated. 3.

Considering the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application assigning reasons for condonation of delay, I am of the view that the delay deserves to be condoned. The delay is only of

10682.19CA.odt 16 days and cannot be termed as inordinate delay. So also cause assigned can be accepted as sufficient cause to condone the delay.

Accordingly the application is allowed in terms of prayer clause "B". The delay condoned. Appeal be registered, subject to removal of office objections.

4.

Civil Application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA