Shaikh Isaq S/O Sk Amir And ANR v. Gaffarkhan S/O Osmankhan And ANR

2024:BHC-AUG:1871 48-CA-14315-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14315 OF 2023 IN SAST/31097/2023 Shaikh Isaq S/o Sk Amir And Anr ....Applicant

VERSUS

Gaffarkhan S/o Osmankhan And Anr .....Respondent .....

Mr. U. A. Sayed h/f Mr. S. K. H. Pathan, Advocate for Applicant ...

CORAM

: R.M. JOSHI, J DATE : JANUARY 29, 2024 PER COURT :

1.

At the outset, learned Counsel for the Applicants seeks leave to carryout amendment to mention number of days delay.

2.

Leave granted. Amendment be carried out forthwith.

3.

This application is filed for condonation of delay of 106 days in preferring Appeal against judgment and decree dated 28.02.2023 passed in RCA No. 06/2018. 4.

It is claimed by the Applicants that for want of knowledge of the impugned judgment, Appeal could not

48-CA-14315-2023.odt be filed in time.

5.

Though Respondents are duly served, none appeared for them. This indicates that they have no inclination to oppose application.

6.

No mala fides can be attributed to the Applicants in not preferring Appeal in time. Hence, application stands allowed in terms of prayer clauses 'B' and 'C'. Appeal be register.

(R. M. JOSHI, J.) Malani