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Dnyandeo Sitaram Misal v. Govindrao Devrao Chaure And Others

2016-01-15Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

CA-15520.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 15520 OF 2015 IN SECOND APPEAL [STAMP] NO. 33138 OF 2015 Dnyandeo Sitaram Misal .. Applicant vs Govindrao Devrao Chaure and ors.

.. Respondents ----- Mr. Milind Patil, Advocate for applicant Mr. A. R. Vaidya, Advocate for respondent no.1 CORAM :

SUNIL P. DESHMUKH, J.

15TH JANUARY, 2016 ORDER:

1.

Heard learned counsel for the parties.

2.

Learned counsel for the applicant goes through the contents of civil application for condonation of delay, particularly from paragraphs no. 8 to 12 and submits that these are the circumstances under which delay has been caused. 3.

Learned counsel for respondent no.1, however, has reservation and submits that reasons as given by the applicant

CA-15520.15 cannot be said to be sufficient for condonation of delay. Learned counsel, however, is not in a position to controvert veracity of the contents of the civil application from paragraphs no. 8 onwards. 4.

Looking at that generally, the applications for condonation of dealy deserve liberal treatment and jurisprudentially as well contest on merit has a priority, having regard to the contents of the civil application, I deem it appropriate to condone delay in order to sub-serve cause of justice.

5.

In view of the same, civil application is allowed in terms of prayer clause (A) and disposed of.

SUNIL P. DESHMUKH, J.

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