Ishwar Sitaram Wagh v. Anjana Babanrao Nannaware

1 CA 12713/18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.12713 OF 2018 IN SAST/25805/2018 ISHWAR SITARAM WAGH

VERSUS

ANJANA BABANRAO NANNAWARE ...

Advocate for Applicant : Mr. Bhokarikar Madhav M Advocate for Respondent-sole : Mr. Patil V.B. ...

CORAM: SMT. VIBHA KANKANWADI, J.

DATE : 22nd March, 2019 PER COURT :

Present application has been filed for getting delay of 15 days in filing Second Appeal condoned. The applicant's contention is that he do not go through the judgment and decree passed by the First Appellate Court. Thereafter, there was Summer Vacation and the applicant had not received the certified copies. It is stated that the delay is not deliberate and is unintentional.

2.

Learned Advocate appearing for soleRespondent has objected the application stating that the delay of each and every day has not been explained sufficiently.

2 CA 12713/18 3.

Taking into consideration the reasons stated in paragraph No.5 and the fact that there is delay of only 15 days and the parties are coming from a rural area, the application deserves to be liberally considered and, therefore, it is allowed.

The delay caused in filing Second Appeal is hereby condoned.

4.

Registry to verify and register the Second Appeal and place it for consideration on 24th April, 2019.

(Smt. Vibha Kankanwadi, J. ) SRM/22/3/19