Kalabai Gulabrao Mule v. Durgabai Bhimrao Ganjidhar And Others

2025:BHC-AUG:21997 926-CA-14277-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14277 OF 2023 IN CA/13116/2018 Kalabai Gulabrao Mule

VERSUS

Durgabai Bhimrao Ganjidhar And Others *** • Mr. S. N. Lute, Advocate for the Applicant • Mr. S. K. Shinde h/f Mr. R. V. Gore, Advocate for the Respondent Nos. 1 and 3 *** CORAM : R. M. JOSHI, J DATE : AUGUST 13, 2025 PER COURT :

1.

This Application is for condonation of delay of 14 days in setting aside order of dismissal of the Appeal against Respondent Nos. 2, 4 to 6. Record indicates that Appellant came to be dismissed as the Appellant failed to take steps against these Respondents within stipulated time.

2.

Perused Application. Heard learned Counsels for both sides.

3.

Learned Counsel for Respondents opposes Application.

4.

Perusal of the Application indicates that the Umesh

926-CA-14277-2023.odt delay of 14 days in filing the Application is satisfactorily explained. Hence, the same stands condoned. Learned Counsel for the Appellant undertakes to take steps against unserved Respondent within a period of four weeks from today. Statement is accepted. 5.

In view of above, Application stands allowed in terms of prayer clauses 'B' and 'C'.

6.

It is clarified that if no steps are taken within four weeks, Appeal shall stand dismissed against these Respondents without further reference to this Court.

(R. M. JOSHI, J.) Umesh