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Bombay High CourtCA/10093/2019admittedallowedgrantedrule absolute

Dinesh Guruba Bishwas v. Balaprasad Radhakisan Gattani And ORS

2025-10-13Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:29023 1 17 ca 10093.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10093 OF 2019 IN FIRST APPEAL STAMP NO. 29672 OF 2018 Dinesh Guruba Bishwas .. Applicant

Versus

Balaprasad Radhakisan Gattani and others .. Respondents Shri Swapnil S. Dargad, Advocate for the Applicant. Shri Vinodkumar R. Mundada, Advocate for the Respondent No. 3.

CORAM : SHAILESH P. BRAHME, J.

DATE : 13TH OCTOBER, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant seeks condonation of delay of 130 days caused in preferring first appeal.

3.

Respondent No. 4 is yet to be served. On couple of occasions he is attempted to be served, but finally he remained to be served. In the Tribunal the claim had proceeded ex-parte against him. He is owner of the offending vehicle. I find that it is desirable to condone the delay. The service and appearance of the respondent No. 4 would not change the situation so far as

2 17 ca 10093.19 application for condonation of delay is concerned. 4.

For the reasons stated in the application the delay stands condoned. The civil application is disposed of. 5.

Office is directed to register the first appeal. [ SHAILESH P. BRAHME J. ] bsb/Oct. 25