Nanda Murlidhar Mundhe And Others v. Murlidhar Mariba Mundhe And Another

5-CA-9621-2018.odt SPChauhan

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9621 OF 2018 IN SECOND APPEAL STAMP NO. 26252 OF 2017 Nanda Murlidhar Mundhe and others ... Applicants

Versus

Murlidhar Mariba Mundhe and another ... Respondents ....

Ms. P.C. Kale h/f. Mr. S.S. Kulkarni - Advocate for Applicants Mr. S.N. Dixit - Advocate for Respondent No. 2 ....

CORAM : GAURI GODSE, J.

DATE : 17th February, 2023 PER COURT :

1.

This application is filed for condonation of delay of 65 days in filing the Second Appeal.

2.

Notice of the application is served upon the respondents. 3.

Learned Advocate appearing for the respondent no. 2 submits that the explanation given in the application is not satisfactory. He opposes to grant of this application.

4.

The applicants have explained the reasons for delay in paragraph nos. 2 to 4 of the Civil Application. 1/2

5-CA-9621-2018.odt 5.

Perusal of the reasons given in the application appears to be condonable. Hence, for the reasons stated in the application, it is allowed in terms of prayer clause 'a', which reads thus : "a.

The delay of 65 days caused in filing the present second appeal may kindly be condoned."

6.

Office is directed to register the Second Appeal and list this Second Appeal on 17th March, 2023.

[ GAURI GODSE ] JUDGE 2/2