Ashok Dattatraya Dandavate v. Laxman Bapu Kokare And Others

5024.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5024 OF 2019 IN SAST/34634/2018 ASHOK DATTATRAYA DANDAVATE

VERSUS

LAXMAN BAPU KOKARE AND OTHERS ...

Mr.S.B. Kadu, Advocate for the applicant Mr.K.N. Shermale, Advocate for respondents.

...

CORAM: V.L. ACHLIYA,J.

DATE : 26.07.2019 ORAL ORDER:

The appellant/applicant has moved this application for condonation of 44 days delay in filing appeal for the reasons set out in the application.

2.

Heard learned counsel for appellant/applicant and the respondents.

3.

In brief, it is the contention of learned counsel for the applicant that the delay caused in filing appeal was not deliberate and intentional, but occurred due to time spent for securing copy of the judgment and order and thereafter to secure the legal advice to file appeal.

4.

Considering the cause assigned and

5024.19CA.odt the reasons assigned for condonation of delay remain unchallenged and controverted, I am of the view that the delay deserves to be condoned. Accordingly, the application is allowed in terms of prayer clause "B". Appeal be registered after removal of office objection.

5.

The application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA