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Bombay High CourtCA/13370/2023admittedallowedgrantedrule absolute

Ramesh Magan Pardhi v. Gokul Jaysing Shele And Others

2025-02-20Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

2025:BHC-AUG:5005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 118 CIVIL APPLICATION NO. 13370 OF 2023 IN SAST/32531/2023 Ramesh Magan Pardhi

VERSUS

Gokul Jaysing Shele And Others ...

Advocate for Applicant : Mr. S.W. Shinde h/f J V Patil Advocate for Respondents : Mr. Mahajan Sudhakar T For R/1 CORAM : S. G. CHAPALGAONKAR, J.

Dated : February 20, 2025 PER COURT :- 1.

Heard learned advocates appearing for the respective parties.

2.

The applicant seeks to condone delay of 138 days caused in filing the second appeal.

3.

Perused the application. It is submitted that the applicant lost his wife during pendency of appeal and he was under mental stress. Delay is not intentional. Apparently, applicant has not drawn any advantage by making delay. It is not intentional or deliberate. Hence, case is made out to condone the delay. In result, application is allowed. Delay of 138 days caused in filing the appeal is condoned. Appeal be registered. On registration of the appeal, issue notice to the Respondents, returnable six weeks. Mr. Mahajan, learned counsel waives notice for respondent no.1. ( S. G. CHAPALGAONKAR, J. ) ...

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