Dattu Topa Kandake v. Chandrakant Narayan Khomne And Others

28-CA-785-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO.785 OF 2020 IN SAST/32961/2019 DATTU TOPA KANDAKE

VERSUS

CHANDRAKANT NARAYAN KHOMNE AND OTHERS ...

Advocate for Applicants : Mr. Gawali Amol K.

Advocate for Respondent Nos. 1 to 4 : Mr. Avinash D. Aghav ...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE : 17.08.2021 ORDER :- .

Present application has been filed for getting the delay of 154 days condoned in filing second appeal.

2.

Heard learned Advocate Mr. A. K. Gawali for the applicant and learned Advocate Mr. A. D. Aghav for respondent Nos.1 to 4. 3.

Learned Advocate for the applicant has made submissions in support of the application.

4.

Learned Advocate for respondent Nos. 1 to 4 strongly opposed the application and submitted that no proper much less sufficient reasons have been assigned to condone the delay.

(1)

28-CA-785-2020.odt 5.

Taking into consideration the fact that the applicant is 75 years old person, liberal approach is required to be taken and, therefore, for the reasons mentioned in the application, delay stands condoned. 6.

Application stands allowed and disposed of accordingly. 7.

Registry to verify and register the second appeal. [SMT. VIBHA KANKANWADI, J.] scm (2)