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Bombay High CourtCA/13220/2017admittedallowedgrantedrule absolute

Daud Khan Munirkhan And Others v. Imran Khan Mohabatkhan @ Chote Jani And Others

2019-06-07Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO.13220 OF 2017 IN SAST/32278/2017 DAUD KHAN MUNIRKHAN AND OTHERS

VERSUS

IMRAN KHAN MOHABATKHAN @ CHOTE JANI AND OTHERS ...

Advocate for Applicants : Chavan Sudhir K.

...

CORAM :

SMT. VIBHA KANKANWADI, J.

DATE :

07th JUNE, 2019 PER COURT :

Present application has been filed for getting the delay of 110 days condoned in filing Second Appeal. The application has been objected vehemently by respondent Nos.1 and 2 stating that the reasons mentioned in para No.2 of the application have not been supported by documentary evidence. The reasons are, therefore, not sufficient and reasonable. So also the applicants had casually attended or taken the litigation. Taking into consideration the duration of the delay and the fact that applicant No.1 is a senior citizen, applicant No.2 has given his own reasons and the applicant No.3 is a Pardanashin lady, leniency is required to be shown. Hence, the delay deserves to be condoned. Accordingly, the application is allowed. Registry to verify and register the appeal and place it for consideration before the appropriate Bench. ( Smt. Vibha Kankanwadi, J. ) agd