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Bombay High CourtCA/13808/2016admittedallowedgrantedrule absolute

Mahesh Gunaji Jadhav v. Kondiram Bhagoji Kadam And ORS

2017-01-27Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

1 CA/13808/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13808 OF 2016 IN SAST/21916/2016 MAHESH GUNAJI JADHAV

VERSUS

KONDIRAM BHAGOJI KADAM AND ORS ...

Advocate for Applicant : Bhapkar S.B.

Advocate for Respondent no.1: Mr. Shinde Bhagwat A. ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 27/01/2017 ORDER :

1.

Heard learned counsel for the parties.

2.

Learned counsel for the applicant refers to that although the certified copies were received, appeal could not be lodged within the period of limitation, due to situation beyond his control and due to lack of knowledge and necessary wherewithal, 60 days delay has been caused.

3.

Learned counsel for the respondent no.1 purports to resist application but he does not dispute the substance underlying the reasons put forth for delay condonation.

4.

Delay also does not appear to be inordinate and appears in the circumstances to have been reasoned out.

2 CA/13808/2016 5.

In view of the same, it would be expedient to grant application. As such, application is granted in terms of prayer clause (B) and is disposed of.

[SUNIL P. DESHMUKH] JUDGE arp/