Mogya Ganya Valvi v. Bawa Sojya Valvi

{1} ca12073-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12073 OF 2016 IN SECOND APPEAL STAMP NO.22441 OF 2016 Mogya Ganya Valvi APPLICANT

VERSUS

Bawa Sojya Valvi RESPONDENT .......

Mr. Saisagar A. Ambilwade, Advocate for the applicant Mr. Ruchir S. Wani, Advocate for the respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 20 th JANUARY, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

Learned advocate for the applicant refers to the contentions as referred to in the civil application and contends that the delay is neither intentional nor deliberate and caused under the circumstances referred to in the civil application. 3.

Learned advocate for the respondent though purports to oppose the contentions, however, is not in a position to challenge correctness and veracity of the same.

4.

In the circumstances, it would be expedient to condone the

{2} ca12073-16 delay, subject to costs which would mend inconvenience caused to the other side.

5.

As such, civil application stands granted in terms of prayer clause "B" on the condition that an amount of Rs.2,500/- is deposited towards costs to be disbursed to the respondent. The amount of costs be deposited within a period of four weeks. The respondent would be at liberty to withdraw the amount of costs. 6.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca12073-16