Dr. Vishwasrao Daulat Torawane v. Vikram Ragho Deore And ORS

(1) 16ca16071.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO.16071 OF 2016 IN FAST/33617/2016 DR. VISHWASRAO DAULAT TORAWANE

VERSUS

VIKRAM RAGHO DEORE AND ORS Mr. M. V. Bhamre, Advocate for the applicant Mr. M. K. Goyanka, Advocate for the respondent No.3 CORAM : KISHORE C. SANT, J.

DATE: 16th OCTOBER, 2023 P. C.

1.

Heard.

2.

This application is for condonation of delay of 111 days caused in filing the appeal.

3.

Learned advocate for the respondent opposed the application and further submitted that though the application was filed in 2016 it is being circulated in 2023 and order be passed to that effect that claimants shall not be entitled to interest for the said delayed period.

4.

Learned advocate for the applicant submitted that though the application was filed in 2016 and in spite of efforts

(2) 16ca16071.16 the respondent could not be served. The applicant was required to pray for paper publication to serve respondent No.3 and therefore some delay is caused 5.

Considering the reasons for condonation of delay and reasons for time taken in serving respondent No.3, this court finds that the application deserves to be allowed. 6.

Care of interest can be taken at the time of disposal. 7.

The application stands allowed. Delay stands condoned.

8.

Office to register the appeal.

9.

Issue notice to the respondents in the first appeal, returnable on 11-12-2023.

[KISHORE C. SANT, J.] VishalK/16ca16071.16