Alkabai Rajendra Patil @ Alkabai Dilip Choudhari v. Rajendra Baburao Choudhari

11683.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.11683 OF 2019 IN SAST/27026/2019 ALKABAI RAJENDRA PATIL @ ALKABAI DILIP CHOUDHARI

VERSUS

RAJENDRA BABURAO CHOUDHARI ...

Advocate for Applicant : Mr.Ravindra C.

Misal, Advocate holding for Mr.Amol S.Sawant Advocate for Respondent/Sole : Mr.Mahesh H.

Patil ...

CORAM : V.L.ACHLIYA,J.

DATE : 04.10.2019 PER COURT:

1] Heard. Issue notice to the respondent. Advocate Mr. Mahesh H. Patil accepts the notice on behalf of respondent.

2] By consent, the present Application is taken up for hearing.

3] In brief, it is the contention of the learned counsel for the applicant that the delay caused in filing Appeal of 27 days was not deliberate and intentional and the reasons assigned in the application.

4] Advocate representing the respondent opposed the application with contention that

11683.19CA.odt no sufficient cause has been assigned to condone the delay.

5] On due consideration of the submissions advanced in the light of unchallenge and uncontroverted pleadings made in the application, explaining the delay caused in filing Appeal, I am of the view that application deserves to be allowed. Accordingly, the Application is allowed in terms of prayer clause 'A'.

6] Appeal be registered subject to removal of office objections and placed for admission on 25th November, 2019.

[V.L.ACHLIYA] JUDGE DDC