Budhinath Sudam Baral v. Sharda Ganpat Kale

(1) C.A.No.12957.14

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12957 OF 2014 IN FIRST APPEAL NO.509 OF 2010 Budhinath Sudam Baral ..APPELLANT

VERSUS

Sharda Ganpat Kale ..RESPONDENT Mr N.B. Khandare, Advocate for appellant;

Mr R.A. Jaiswal, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 8th May, 2015 ORAL ORDER :

Mr Jaiswal, learned Counsel appearing on behalf of the respondent strenuously objected the prayer for condonation of delay as the same is not bona fide.

2.

Having gone through the contents of the application and in the interest of justice, it will be appropriate to condone the delay caused in preferring the application for restoration and accordingly delay is condoned, subject to payment of costs of Rs.5,000/- to be paid to the respondent, within a period of six weeks from today.

(2) C.A.No.12957.14 3.

The order passed dismissing First Appeal is set aside. First Appeal stands restored to file.

4.

Civil Application stands disposed of accordingly. (N.W. SAMBRE, J.) amj