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Bombay High CourtCA/5703/2016admittedallowedgrantedrule absolute

Sonyabapu Haribhau Khedkar And Another v. Tukaram Limbaji Aghav And Others

2017-09-01Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

CA 5703-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5703 OF 2016 IN SECOND APPEAL (STAMP) NO. 24884 OF 2015 Sonyabapu Haribhau Khedkar and another ...Applicants

Versus

Tukaram Limbaji Aghav and others

...Respondents

Mr. R. B. Dhakane, Advocate for the applicants. Mr. S. A. Adhav, Advocate holding for Mr. A. R. Vaidya, Advocate for respondents No.1 to 5.

CORAM

: SUNIL P. DESHMUKH, J.

DATE : 1st SEPTEMBER, 2017 PER COURT :

1.

Heard learned counsel for the parties.

2.

Learned counsel for applicant refers to the reasons as appearing in the application, particularly referred in paragraphs No.2 to 6. Learned counsel for respondent purports to oppose the application, however, he is not in a position to challenge veracity of contents of aforesaid paragraphs.

CA 5703-2016 3.

The application discloses that delay appears to be not by deliberation.

4.

In the circumstances, civil application stands granted and delay of 153 days stands condoned. Civil application is allowed. 5.

Civil application stands disposed of.

6.

Second appeal to proceed with accordingly.

( SUNIL P. DESHMUKH, J.) vjg/-