Posalya Bhikalay Gavit And ANR v. Isrya Rayla Gavit

927-CA NO.15312 OF 2011.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15312 OF 2011 IN SAST/31238/2011 POSALYA BHIKALAY GAVIT AND ANOTHER

VERSUS

ISRYA RAYLA GAVIT AND OTHERS . . .

Advocate for Applicants : Mr. Ashutosh C. Sisodiya h/f. Mr. A. B. Girase . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 03rd AUGUST 2022 PER COURT :

Heard learned counsel for the Applicants. None appeared for respondents, though served.

2.

Learned counsel for applicants submits that there is delay of 14 days in filing Second Appeal.

3.

Learned counsel for applicants submits that, the reasons for such delay is due to illiteracy of the applicant who is agriculturist. He submits that there is no deliberate attempt on the part of the applicant and the delay is appropriately explained.

4.

For the reasons disclosed in para Nos.11 and 12 of the application, which are sufficient to condone the delay, application needs to be allowed. Hence the order :

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927-CA NO.15312 OF 2011.odt

ORDER

(I) The application is allowed.

(II) The delay of 14 days is hereby condoned. (III) Office to register Second Appeal, if no other objections are pending.

( BHARAT P. DESHPANDE, J.) Tandale/- 2/2