Dipak Baburao More v. Sarika Dipak More

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 12644 OF 2023 IN SAST/26647/2023 Dipak Baburao More ....Applicant

VERSUS

Sarika Dipak More .....Respondent .....

Mr. G. V. Wani, Advocate for Applicant.

Mr. Arunkumar Suryawanshi, Advocate holding for Mr. V. B. Patil, Adovcate for the respondent.

CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 41 days in preferring second appeal against judgment and order dated 15th February, 2023 in Regular Civil Appeal No. 130/2018. 2.

Learned counsel for the applicant submits that owing to his hectic official work as well as misplacement of certified copy, appeal could not be preferred in time. Learned counsel for the respondent submits that delay is not properly claimed. 3.

Having regard to the reasons mentioned in the application, no malafides can be attributed to the applicant in not

- 2 - preferring the appeal in time. Hence, in the interest of justice, delay caused in preferred the appeal stands condoned. ( R. M. JOSHI) Judge dyb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL ST. NO. 26647/2023 Dipak Baburao More ....Appellant

VERSUS

Sarika Dipak More .....Respondent .....

Mr. G. V. Wani, Advocate for Appellant.

Mr. Arunkumar Suryawanshi, Advocate holding for Mr. V. B. Patil, Adovcate for the respondent.

CORAM : R. M. JOSHI, J.

DATE : 23rd JANUARY, 2024.

PER COURT :

1.

Appeal be registered.

2.

Learned counsel Mr. Suryawanshi, waives service of notice on behalf of the respondent.

3.

By consent, the parties are referred to mediation. 4.

Stand over to 13th February, 2024.

( R. M. JOSHI) Judge dyb