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Bombay High CourtCA/13519/2013admittedallowedgrantedrule absolute

Shamsundar Ramlal Mantri v. Dr. Baburao Ravappa Banale And Another

2015-03-19Hon'Ble Shri Justice Ravindra V. Ghuge1 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13519 OF 2013 IN SAST/29889/2013 SHAMSUNDAR RAMLAL MANTRI

VERSUS

DR. BABURAO RAVAPPA BANALE AND ANOTHER ...

Advocate for Applicant : Smt. Sontakke P.G. h/f Shri G.K. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: March 19, 2015 ...

PER COURT :- 1.

The applicant prays for condonation of 10 days delay, caused in lodging the Second Appeal. The applicant is about 83 years old today. Circumstances, which prevented him from lodging the Second Appeal within limitation are set out in paragraph Nos.4 to 7 of the application. 2.

Both the respondents, though served, have chosen to remain absent. No appearance is entered.

3.

In the light of the above, this Civil Application is allowed. Delay of 10 days in lodging the Second Appeal is condoned. The applicant shall deposit costs of Rs.1,000/- with the High Court Advocates' Bar Library, Aurangabad . I am depriving the respondents of the costs, since they have chosen not to appear in this proceeding. Upon depositing costs, the Second Appeal be registered.

4.

Needless to state, in the event of non-compliance, this order shall stand recalled and the Civil Application shall stand rejected. ( RAVINDRA V. GHUGE, J. ) ...

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