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Bombay High CourtCA/14984/2023admittedallowedgrantedrule absolute

Balasaheb S/O Devrao Tambure v. Shrimant S/O Devrao Tambure And ANR

2024-03-26Hon'Ble Shri Justice Y. G. Khobragade2 pages

( 1 ) 16 ca 14984.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 14984 OF 2023 IN SAST/31650/2023 BALASAHEB S/O DEVRAO TAMBURE

VERSUS

SHRIMANT S/O DEVRAO TAMBURE AND ANR .....

Advocate for Applicant : Mr. Solanke Vinayak Haridasrao Advocate for Respondents : Mr. K.R. Yadav h/f. Sudarshan J. Salunke .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

26.03.2024 P.C.:- 1.

Heard both the sides at length.

2.

By the present application the applicant prays for condonation of delay of 17 days caused in lodging the appeal on the ground that he was not having knowledge about the passing of judgment and decree dated 12.04.2023 because of communication gap between him and the counsel. The learned counsel for the non-applicants strongly opposed the application on the ground that the communication gap between the applicant and his counsel cannot be a good and bona fide reason, hence prayed for rejection of the application.

3.

Needless to mention here that the present applicant appears to be

( 2 ) 16 ca 14984.23 an Agriculturist and he is residing in a remote area and due to communication gap between him and his lawyer the delay of 17 days has been caused which appears to be bona fide, hence, the application is allowed. The delay of 17 days caused in lodging the appeal is hereby condoned. 4.

Office to register the second appeal and place it before this Court for further consideration on 30.04.2024.

[Y.G. KHOBRAGADE, J.] mub