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Bombay High CourtCA/6121/2018application allowed

Prakash Yadavrao Jadhav v. Shyam Sahebrao Wankhede And Others

2021-08-26Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.6121 OF 2018 IN SAST/34050/2017 PRAKASH YADAVRAO JADHAV

VERSUS

SHYAM SAHEBRAO WANKHEDE AND OTHERS ...

Advocate for Applicant : Mr. SR Patil, Adv. h/for Mr. Narvade Patil Ravindra B.

Mr. Deshmukh Arvind, Adv. For R/1 To 4 ----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 26 th August, 2021.

PER COURT :- 1.

Present application has been filed for getting delay of 127 days condoned caused in filing the second appeal.

2.

Learned Advocate/s for the respondents has strongly opposed the application.

3.

The applicant was required to look after his old aged mother, who was suffering ailments during the relevant period and was required to undergo medical treatment and he missed the track of his matter and could not notice that the same is decided. Further, there was communication gap between him and his advocate and could not get knowledge of the dismissal of the appeal and was also not informed to him by his advocate and,

(2) therefore, the delay, in question, has been caused. Taking into consideration the reasons mentioned in the application, the delay stands condoned. The application stands allowed and disposed of.

4.

Registry to verify and register the appeal.

(SMT. VIBHA KANKANWADI) JUDGE BDV