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Bombay High CourtCA/10653/2024admittedallowedgrantedrule absolute

Rajkumar Jagannath Jadhav v. Dinkar Bhivsen Chavan

2024-10-23Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:26075 (1) 928 CA-10653.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 10653 OF 2024 IN SAST/26088/2024 RAJKUMAR JAGANNATH JADHAV

VERSUS

DINKAR BHIVSEN CHAVAN ...

Mr. Parikshit Mantri, Advocate holding for Mr. Parag V. Barde, Advocate for the applicant.

Mr. R.R. Karpe, Advocate for the respondent.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

23 OCTOBER 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 249 days in filing the second appeal. The learned Counsel for the respondent sole strongly opposed the application and pointed out that the impugned decree is already been executed and the sale deed of the suit property also executed in favour of the respondent. However, considering the statutory right of the applicant and reasons stated in the application, the application stands allowed in terms of prayer clause (B) subject to cost of Rs. 500/- to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad.

(2) 928 CA-10653.2024.odt 3.

The appeal be registered after removal of office objections, if any and after deposit of cost. 4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde