Lalita Pawan Dahimiwal v. Pawan Dattaprasad Dahimival Lrs Dattaprasad And Another

{1} ca15605-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15605 OF 2016 IN SECOND APPEAL STAMP NO.33894 OF 2016 Lalita Pawan Dahimiwal APPLICANT

VERSUS

Pawan Dattaprasad Dahimival (Died) LRs and Anr.RESPONDENTS .......

Mr. Vinod Y. Bhide, Advocate for the applicant Mr. P. S. Dighe, Advocate for respondents No.1 and 2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th JANUARY, 2017 ORDER :

1.

Learned advocate for the applicant refers to the contents of the application, particularly the ones contained in paragraph No.5 of the civil application and submits that these are the genuine reasons under which delay has been caused. 2.

Learned advocate for the respondents Mr. Dighe purports to resist the application stating that there is no material to support said contentions, however, he is not in a position to challenge veracity of the contents by producing any credible material.

{2} ca15605-16 3.

The delay does not appear to be inordinate. In the circumstances it would be expedient to condone the delay and have contest on merits.

4.

Civil application accordingly stands granted in terms of prayer clause "B" and is disposed of.

5.

List the second appeal for admission on 23rd January, 2017. Interim relief to continue.

[SUNIL P. DESHMUKH, J.] drp/ca15605-16