Madhukar Gopalrao Sonawane v. Ramchandra Laxman Sirsath And Others

CA-15362.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15362 OF 2016 IN SECOND APPEAL [STAMP] NO. 33224 OF 2016 WITH CIVIL APPLICATION NO. 15363 OF 2016 IN SECOND APPEAL [STAMP] NO. 33227 OF 2016 Madhukar Gopalrao Sonawane .. Applicant versus Ramchandra Laxman Sirsath and ors.

.. Respondents ---- Mr. Pratap P. Mandlik, Advocate for applicant Mr. V. R. Dhorde, Advocate for respondents no. 1 and 3 in civil application no. 15362 of 2016 in second appeal (stamp) no. 33224 of 2016 and respondent no. 1 in civil application no. 15363 of 2016 in second appeal (stamp) no. 33227 of 2016 CORAM :

SUNIL P. DESHMUKH, J.

DATE :

24th February, 2017 ORDER :

1.

Heard learned counsel for the parties.

2.

Learned counsel for applicant refers to contents of paragraphs no. 4 and 3 of respective civil applications and submits that in the circumstances delay of 133 days has been caused. 2.

Learned counsel Mr. Dhorde appearing for the respondents purports to resist the applications, however, he has not been in a position to overcome veracity of the contents of the applications. 3.

In the circumstances, it would be expedient to grant the applications.

CA-15362.16.doc 4.

Civil applications, as such, stand granted in terms of prayer clause (A) and are disposed of.

5.

So far as prayer clause (B) is concerned, it has been explained that it had efficacy only upto decision in delay condonation applications and as such liberty is sought to separately apply for interim relief.

6.

In view of aforesaid, applicant is at liberty to file separate application for interim relief as and when occasion arises. SUNIL P. DESHMUKH, JUDGE pnd