Sharad Vitthaldas Barshikar v. Ranchoddas Vitthaldas Shah And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1704 OF 2013 IN SECOND APPEAL STAMP NO.33751 OF 2012 SHARAD VITTHALDAS BARSHIKAR APPLICANT

VERSUS

RANCHODDAS VITTHALDAS SHAH AND OTHERS RESPONDENTS Mr.R.P.Bhumkar h/f Mr.P.S.Pawar, Advocate for the applicant. Mr.A.P.Bhandari, Advocate for respondent Nos. 1 and 2. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 18/03/2015 PER COURT :

1.

The applicant, by this application, prays for condonation of delay of 74 days in lodging the second appeal. 2.

Mr.Bhandari, learned Advocate appearing on behalf of the respondents vehemently opposes the civil application contending that justifiable reasons have not been set out and as such delay cannot be condoned merely on account of sympathy.

3.

Having considered the submissions of the learned Advocates and for the reasons set out in the civil application, the same is khs/March 2015/1704-13 (d)

allowed. Delay of 74 days in lodging the second appeal is condoned subject to the applicant paying costs of Rs.4,000/- (Rs.Four thousand only). Mr.Bhandari, learned Advocate graciously submits that the said amount of costs be donated to the Advocates' Bar Library, High Court, Bench at Aurangabad.

4.

As such, the applicant shall deposit costs of Rs.4,000/- (Rs. Four thousand only) with the Advocates' Bar Library, High Court, Bench at Aurangabad within a period of 3 (three) weeks from today, failing which this order shall stand recalled and this civil application shall stand dismissed. Upon depositing the costs as ordered, the second appeal be registered.

( RAVINDRA V. GHUGE, J.) khs/March 2015/1704-13 (d)