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Bombay High CourtCA/2797/2023admittedallowedgrantedrule absolute

Balu Alis Balaji Gyanba Maske v. Shilabai Narayan Sawant And Another

2023-06-21Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

948CA2797.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2797 OF 2023 IN SECOND APPEAL (ST) NO. 33442 OF 2022 Balu Alias Balaji Gyanba Maske ... Applicant

Versus

Shilabai Narayan Sawant & Anr.

... Respondents ...

Mr. S. S. Pidgewar - Advocate for applicant ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 21st JUNE, 2023 PER COURT :

1.

By this application, the applicant is seeking to condone the delay of seven days caused in filing the appeal challenging the judgment and order dated 01st September, 2022 passed by the learned Ad hoc District Judge - 1, Gangakhed in Regular Civil Appeal No. 31 of 2018.

2.

The notice of this application was issued and duly served on the respondent, however, none appears on behalf of 1/2

948CA2797.2023 them. There is delay of only seven days in filing the appeal. The applicant has given sufficient cause to condone the delay in paragraph nos. 3 to 5 of the application. Hence, considering the reasons as stated above, the following order is passed.

ORDER

[i] Civil Application is allowed.

[ii] Delay caused in filing the appeal is condoned. [iii] Second Appeal be registered.

[ S. G. CHAPALGAONKAR ] JUDGE SG Punde 2/2