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Bombay High CourtCA/13802/2023admittedallowedgrantedrule absolute

Sunita Laxman Deshpande v. Yogeshkumar Laxman Deshpande

2024-10-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:24278 1 915 ca 13802-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 13802 OF 2023 IN SAST/40408/2019 SUNITA LAXMAN DESHPANDE

VERSUS

YOGESHKUMAR LAXMAN DESHPANDE ...

Mr. Tungar Nikhilesh K., Advocate for Applicant Mr. Patil Indrale Anand Vinayakrao, Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 09/10/2024.

P. C. :

1.

Heard learned counsel for the applicant.

2.

The applicant is seeking recalling of order dated 29/07/2021 whereby the application for condonation of delay as well as appeal on stamp number have been dismissed due to non-supply of necessary copies. There is also delay of 795 in filing this application. 3.

The learned counsel for the respondents strongly opposed the application on the ground that the applicant has intentionally withheld the application without circulation. In the alternative, he submits that if the application is allowed, heavy cost may be imposed.

2 915 ca 13802-23 4.

In view of the same, the order dated 29/07/2021 stands recalled and the application for condonation of delay alongwith the appeal be restored for removal of office objections within three weeks subject to cost of Rs.5000/- to be paid to the Advocate's Bar Library, High Court, Aurangabad.

5.

Application is disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-