Shivaji Bansi Rathod v. Manoj Balabhau Jagtap And ORS.

(1) 931- CA-2235-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 2235 OF 2023 IN SAST/34339/2022 WITH CIVIL APPLICATION NO. 2236 OF 2023 IN SAST/34339/2022 SHIVAJI BANSI RATHOD ....Applicant

VERSUS

MANOJ BALABHAU JAGTAP AND ORS.

.....Respondent .....

Advocate for Applicant : Mr. D.R. Markad h/f Mr. KAKADE AMOL N .

Advocate for Respondent Nos. 1 to 3 : Mr. M.P. Kale Advocate for Respondent No.4/A to 4/D : Mr. R.D. Kawade Advocate for Respondent No.5 : Mr. S.S. Nade ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : OCTOBER, 22, 2024 ORDER:- IN CIVIL APPLICATION NO. 2235 of 2023 1.

Heard rival submissions.

2.

This application is filed for condonation of delay of 1038 days in filing Second Appeal. The learned counsel for the appellants submits that he was not party to the present proceeding before the learned trial Court, but under the impugned decree his right is affected, as he is co-sharer in the suit property.

(2) 931- CA-2235-23.odt 3.

The learned counsel for the respondent though opposed the application, but considering the right of the applicant to contest the matter on merit, the application stands allowed in terms of prayer clause (B ) subject to cost of Rs. 2,000/- to be paid to the Advocate's Bar Library, High Court, Aurangabad. 4.

The application stands disposed of.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni