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Bombay High CourtCA/9760/2023admittedallowedgrantedrule absolute

Rabhaji Pandurang Narawade v. Nanabhau Vitthal Narwade

2025-01-31Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

2025:BHC-AUG:2996 9760.2023CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

77 CIVIL APPLICATION NO. 9760 OF 2023 IN SAST/22120/2023 RABHAJI PANDURANG NARAWADE AND OTHERS

VERSUS

NANABHAU VITTHAL NARWADE AND OTHERS ...

Advocate for Applicants : Mr. Amol Karbhari Gawali Advocate for Respondents : Mr. S.R. Nikam h/f Mr. Yuvraj V. Kakade ...

CORAM :

S. G. CHAPALGAONKAR, J.

DATE :

31st JANUARY, 2025.

P.C.:

1.

By this application, the applicants seek condonation of delay of 80 days caused in filing the appeal.

2.

The applicants explain that after receiving the documents required for filing appeal, he came to know that Kondibhau Pandurang Narwade i.e. one of the respondent is expired. Some time consumed in getting details of the L.Rs. and documents. Consequently the delay is caused.

3.

Learned Advocate appearing for the respondents vehemently opposes the application.

4.

Having considered the submissions advanced and reasons as stated in para nos.6 and 7 of the application, the case is made out to condone the delay. Hence, the application is allowed. Delay of 80 days caused in filing second appeal is condoned. The appeal be registered subject to removal of office objections, if any. [S. G. CHAPALGAONKAR, J.] sga