Yakubmiyan Alias Nijam Jahedmiyan Deshmukh v. Jabbarmiyan Iqbalmiyan Deshmukh And ORS.

2024:BHC-AUG:23983 21 CA 4209-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 4209 OF 2022 IN SECOND APPEAL (ST) NO. 26726 OF 2021 YAKUBMIYAN ALIAS NIJAM JAHEDMIYAN DESHMUKH

VERSUS

JABBARMIYAN IQBALMIYAN DESHMUKH AND OTHERS ...

Mr. Anil Kasliwal (Jain) Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 7th October, 2024 PER COURT :

1.

Heard learned Counsel for applicant.

2.

Learned Counsel for the respondents despite appearance remained absent. The application is filed for condonation of delay of 1464 days in filing Second Appeal. There are contrary findings of both the learned Courts below on the issue of partition and that can be considered at the time of admission. At present there is no oppose to the application.

3.

However, considering the huge delay the application stands allowed in terms of prayer clause 'B' subject to deposit of cost of Rs.2,000/- (rupees Two Thousands only) to be paid to the Library, Pooja Kale 1/2

21 CA 4209-2022 Advocates Association of High Court, Bombay, Bench at Aurangabad.

4.

The civil application is disposed of accordingly. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2