Rajebhau Dyanoba Kaldate v. Sharda Ashok Garud And ORS

( 1 ) 37-CA 1673 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 1673 OF 2017 IN FAST/35254/2016 RAJEBHAU DYANOBA KALDATE

VERSUS

SHARDA ASHOK GARUD AND ORS ...

Advocate for Applicant : Mr.Agrawal Pavankumar S. Advocate for Respondent Nos.1 & 2, 4 & 6 : Mr.Mayure P.C. Advocate for Respondent No.8 : Mr.Swapnil Dargad h/f. Mr.Chapalgaonkar S.G.

...

CORAM : M.S.SONAK, J.

DATE :

29.1.2018 PER COURT:- 1) Learned counsel for the applicant submits that service is complete on all the respondents.

2) Mr.Swapnil Dargad learned counsel, who holds for Mr.S.G.Chapalgaonkar learned counsel for respondent No.8 opposes the condonation of delay by submitting that there is no proper explanation.

( 2 ) 37-CA 1673 of 2017 3) Mr.P.C.Mayure learned counsel for respondent Nos.1, 2, 4 to 6 also opposes the application for condonation of delay on the very same ground.

4) Upon considering the averments in the civil application including in particular the averments in paragraph Nos.4 and 5, sufficient cause can be said to have been made out. There appears no malafide or gain of any advantage by delaying in institution of appeal. The delay is therefore condoned and civil application is disposed of.

[M.S.SONAK, J.] SPT/37-CA 1673 of 2017