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Bombay High CourtCA/1266/2016admittedallowedgrantedrule absolute

Bhausaheb Mukinda Tambe And Another v. Sukhdev Govind Gawali And Others

2016-04-05Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 1266 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 1266 OF 2016 IN SAST/25556/2015 WITH CA/1267/2016 IN SAST/25556/2015 BHAUSAHEB MUKINDA TAMBE AND ANOTHER

VERSUS

SUKHDEV GOVIND GAWALI AND OTHERS -------- Shri. S.S. Wagh, Advocate, holding for Shri. V.H. Dighe, Advocate, for applicants.

Shri. K.N. Lokhande, Advocate, for respondents. -------- CORAM: T.V. NALAWADE, J.

DATE : 5th APRIL 2016 ORDER:

1) The application is filed for condonation of delay of 36 days caused in filing second appeal. Both sides are heard.

2) The suit was filed by present appellants for relief of injunction and it is dismissed. Nothing could have been achieved by not filing appeal in time. In view of the contentions made in the application and the submissions made, this Court holds that sufficient cause is shown. In

2 CA 1266 of 2016 the result, the application is allowed. Delay is condoned. Notice in appeal. It is waived by learned counsel for all the respondents. Call record and proceeding. List the appeal for admission purpose on 29th April 2016. Sd/- (T.V. NALAWADE, J. ) rsl