Suresh Gangaram (Kd) Bhandarwar And Others v. Gangaram (Kd) Shivanna Bhandarwar And Another

(1) C.A. No.10293.14

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10293 OF 2014 IN SECOND APPEAL (ST.) NO.25012 OF 2014 Suresh Gangaram (Kd) Bhandarwar and ors.

..APPLICANTS

VERSUS

Gangaram (Kd) Shivanna Bhandarwar and anr.

..RESPONDENTS Mr B.V. Thombre, Advocate for applicants;

Mr H.P. Randhir, Advocate holding for Mr A.S. Shivpuje, Advocate for respondent no.2 CORAM : N.W. SAMBRE, J.

DATE : 23rd January, 2015 ORAL ORDER This is an application for condonation of delay of 310 days, caused in filing Second Appeal.

2.

Learned Counsel appearing on behalf of respondent no.2 has opposed the application as according to him, no sufficient cause is established for condonation of delay.

(2) C.A. No.10293.14 3.

Perusal of the application reflects that medical certificate is placed on record for serious ailment of applicant no.1, in which it is stated that applicant no.1 was under medical treatment for 316 days, i.e. w.e.f. 15th September, 2013 to 28th July, 2014.

4.

In view of above, sufficient cause is established. Thus, for the reasons stated in the application, the delay is condoned. Application stands allowed with no order as to costs.

5.

List the Second Appeal for admission as per C.M.I.S. date. (N.W. SAMBRE, J.) amj