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Bombay High CourtCA/11620/2024admittedallowedgrantedrule absolute

Savitribai Pratapsing Padvi And ORS v. Daulatsing Mansing Padvi

2025-08-22Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:22961

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11620 OF 2024 IN SAST/25365/2024 Savitribai Pratapsing Padvi And Ors

VERSUS

Daulatsing Mansing Padvi Mr. S. P. Pandit, Advocate for Applicants

CORAM

: R. M. JOSHI, J.

DATE : 22nd AUGUST, 2025 PER COURT :- 1.

None appears for respondent in spite of service of notice. 2.

Absence of respondent and their counsel indicates that they respondent has no inclination to oppose the application. 3.

This application is for condonation of delay of 314 days in preferring the appeal against the judgment and decree dated 31.07.2023 passed in Regular Civil Appeal No. 16/2018.

4.

It is contention of the applicant/appellant that for want of information about the order passed by the First Appellate Court from the advocate, the appeal could not be filed in time. This contention of the applicant/appellant has not been disputed by the respondent. This Court, 961-CA-11620-2024.odt

therefore, finds no reason to discard the same. 5.

However, in view of the fact that there is delay of about more than a year, the application is allowed with cost of Rs. 3,000/-. Cost is payable to Advocates Bar Association of High Court of Bombay, Bench at Aurangabad. Appeal be registered.

(R. M. JOSHI, J.) bsj 961-CA-11620-2024.odt