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Bombay High CourtCA/1032/2022admittedallowedgrantedrule absolute

Pralhad S/O Gunaji Bade v. Gokul Kashinath Phand And ORS

2025-09-24Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:26436 -1- 940-CA-1032-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1032 OF 2022 IN FAST/33827/2021 PRALHAD S/O GUNAJI BADE

VERSUS

GOKUL KASHINATH PHAND AND OTHERS ......` Advocate for Applicant : Mr. Pradip K. Wagh Advocate for Respondent Nos.1 and 2 : Mr. Pranit Patni h/f. Mr. Pramod Patni ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 24 SEPTEMBER 2025 PER COURT :

1.

Present application is for condonation of delay of 901 days caused in filing appeal against judgment and award passed by the learned Member, M.A.C.T., Jalna in M.A.C.P. No.58 of 2014. 2.

Learned Advocate for applicant pointed out that, reasons for delay are spelt out in civil application and stated that there is no deliberate and intentional delay. That, there is a good case in appeal and therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned.

3.

Learned Advocate for respondent nos.1 and 2 raised objections to condone the delay.

-2- 940-CA-1032-2022 4.

For the reasons mentioned in civil application, more particularly, in paragraph nos.3 to 9 and in the interest of justice and fair opportunity, delay so caused is required to be condoned. Hence, the following order is passed :-

ORDER

(i) The application is allowed.

(ii) Registry is directed to register the Appeal.

(iii) In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned Advocate Mr. Pranit Patni h/f. Mr. Pramod Patni waives service of notice on behalf of respondent Nos.1 and 2. (ABHAY S. WAGHWASE, J.) Tandale