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Bombay High CourtCA/16068/2016disposed offdismissed for default

Dr. Bharat Balkrishna Joshi v. Dalimbibai Tukaram Shirole And ORS

2017-06-21Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 16068 OF 2016 IN FAST/26956/2016 WITH CA/16070/2016 IN FAST/26956/2016 DR. BHARAT BALKRISHNA JOSHI

VERSUS

DALIMBIBAI TUKARAM SHIROLE AND ORS ...

Advocate for Applicant : Mr. Khekale Upendra A. Mr. Syed G R For R/1 To 3;

...

CORAM : P.R. BORA, J.

Dated: June 21, 2017 ...

PER COURT :- 1) Though, learned Counsel appearing for Respondent Nos. 1 to 3, i.e. original claimants, has strongly opposed for condoning the delay, stating that the averments in the application are incorrect and untrue, having regard to the justification given in occurrence of the delay of 176 days, I am inclined to allow the application. The delay caused in filing the appeal is condoned. The appeal be registered in accordance with law. CA stands disposed of.

2) On registration of the appeal, issue notice BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD to the respondents, returnable on 19th July, 2017. Learned Counsel waives service for Respondent Nos. 1 to 3.

3) Place the matter for admission. Call R and P.

( P.R. BORA, J. ) ...

BDV