Sanghmitra Santosh Gajghat, Since Minor Thr Guardian Maternal Uncle Shankar Arjun Bachate v. Santosh Ankush Gajghat

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16633 OF 2022 IN FIRST APPEAL ST. NO. 31218 OF 2022 Sanghmitra s/o Santosh Gajghat Applicant

Versus

Santosh s/o Ankush Gajghat Respondent Mr. R. R. Karpe, advocate for the Applicant Mr. S. B. Solanke, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th February, 2023.

PC :

Heard rival submissions.

The applicant is seeking condonation of delay of only 26 days, which appears to be caused due to some legal technicalities because he was not party to the original proceedings.

The learned Counsel for the sole Respondent strongly opposed the application on the ground that the appeal itself is not maintainable and, therefore, there cannot be any question of condonation of delay. However, the learned

{2} Counsel for the applicant states that he would satisfy as to how the appeal is maintainable.

In view of the same and by keeping the issue of maintainability of the appeal open and also considering the statutory right of the applicant, delay of only 26 days stands condoned.

Appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 31218 OF 2022 Sanghmitra s/o Santosh Gajghat Appellant

Versus

Santosh s/o Ankush Gajghat Respondent Mr. R. R. Karpe, advocate for the Appellant Mr. S. B. Solanke, advocate for the Respondent. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13th February, 2023.

PC :

The learned Counsel for the respondent waives service in appeal.

Appeal be listed on 27.02.2023.

(SANDIPKUMAR C. MORE) JUDGE adb