Yogiraj Dhondiba Navale And Others v. Ranjana Ashok Navale And Others

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 174 OF 2015 IN SAST/24704/2014 YOGIRAJ DHONDIBA NAVALE AND OTHERS

VERSUS

RANJANA ASHOK NAVALE AND OTHERS ...

Advocate for Applicants : Mr. Gaware Niteen V. Advocate for Respondent No.2 and 3: Mr. V. S. Bedre. Advocate for Respondent Nos.4 to 11: Mr. V. S. Badakh. *** CORAM: T. V. NALAWADE, J.

DATED: 26th August, 2015.

PER COURT:

1.

The application is filed for condonation of delay of 849 days caused in filing the second appeal. Heard both the sides. Seen the record.

2.

The respondent has got decree of partition and separate possession which is in respect of 1/4th share in the agricultural lands.

3.

In view of the contents of the application and submissions made this Court holds that the delay can be condoned subject to payment of costs Rs.5,000/- by the

-:(2):- Applicant to the Respondent. The Application is allowed. Delay condoned subject to payment of costs Rs.5,000/- by the Applicant to the Respondent. The amount is to be deposited within four weeks from today, in this Court. If the amount is not deposited, it is to be treated that the matter is dismissed.

4.

In view of the submissions made by the learned counsel for the Respondent, it is made clear that there is no stay of any kind given by this Court and pendency of the present matter does not operate to stay the execution proceeding. The execution proceedings can go on.

[T. V. NALAWADE, J.] Dt.26/08/2015 ans/174