Eknath Yashwant Kandekar v. Sahebrao Yashwant Kandekar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO. 2250 OF 2017 IN SAST/28677/2016 EKNATH YASHWANT KANDEKAR

VERSUS

SAHEBRAO YASHWANT KANDEKAR AND OTHERS ...

Advocate for Applicants : Mr A A Phad h/f Gaware Niteen V. Mr Kale h/f Chaudhari Deepak D For R/1.

...

CORAM : V.K. JADHAV, J.

Dated: February 09, 2018 ...

PER COURT :- 1.

Learned counsel for the applicant submits that, second appeal could not be filed within limitation due to ill health of the applicant, who is above age of 60 years. 2.

Learned counsel for respondent has strongly resisted the application on the ground that delay has not been explained satisfactorily.

3.

In view of the submissions above made on behalf of the applicant and for the reasons stated in the application, application is allowed in terms of prayer clause A. CA disposed of.

4.

In appeal, issue notice to the respondents, returnable on 6.4.2018. Learned counsel waives notice for respondent no.1.

( V.K. JADHAV, J. ) ...

aaa/-