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Bombay High CourtCA/14913/2016admittedallowedgrantedrule absolute

Kamal Chandrakant Varale And Others v. Chandrakant Adinath Varale And Others

2018-07-24Hon'Ble Shri Justice P.R. Bora2 pages

{1} 936 CA 14913 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 14913 OF 2016 IN SAST/29801/2016 KAMAL CHANDRAKANT VARALE AND OTHERS

VERSUS

CHANDRAKANT ADINATH VARALE AND OTHERS ...

Advocate for Applicants : Shri S.A.Wakure Advocate for Respondent Nos.2 & 3 :

Shri D.A.Madake h/f. Shri S.Y.Mahajan ...

CORAM : P.R. BORA, J.

Date: July 24, 2018 ...

PER COURT :- Heard Shri S.A.Wakure learned Counsel appearing for the applicants.

Delay of 46 days has occurred in filing Second Appeal by the applicants.

The respondent No.1 though duly served, has not entered appearance in the matter.

The learned Counsel Shri D.A.Madake holding for Shri S.Y.Mahajan is representing respondent Nos.2 and 3. The learned Counsel though has

{2} 936 CA 14913 of 2016 opposed the request for condonation of delay stating that reasons are insufficient, on perusal of the application, it is revealed that delay has been sufficiently explained by the applicants. Hence, the following order is passed:-

ORDER

I) The delay of 46 days caused in filing the appeal is condoned.

II) Appeal be registered in accordance with law.

III) Civil Application is disposed of.

(P.R.BORA) JUDGE SPT