Dagdu Gopal Kapse And ORS v. Sangita Sandipan Ghadge And ORS

{1} ca11193-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11193 OF 2016 IN SECOND APPEAL STAMP NO.22801 OF 2016 Dagdu Gopal Kapse and Others APPLICANTS

VERSUS

Sangita Sandipan Ghadge and Others RESPONDENTS .......

Mr. Murge Estling S. Advocate for the applicants Mr. S. K. Tambe, AGP for respondents State Mr. L. H. Kawale, Advocate for respondent No.1 .......

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

1.

Heard learned advocates for the parties.

2.

Learned advocate for the applicants refers to the contentions as are referred to in paragraphs No.3, 4 and 5 of 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 advocates for the respondents purport to oppose the contentions, however, are not in a position to challenge

{2} ca11193-16 correctness and veracity of the contentions.

4.

In the circumstances, it would be expedient to condone the delay, subject to costs to respondent No.1, which would mend inconvenience caused to her.

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 respondent No.1. The amount of costs be deposited within a period of four weeks. Respondent No.1 would be at liberty to withdraw the amount of costs.

6.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca11193-16