Kashinath Hanumant Bhojane v. Ramchandra Murlidhar Patil And ORS

1 ca 366&365.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.366 OF 2023 IN CRAST/34722/2022 KASHINATH HANUMANT BHOJANE

VERSUS

RAMCHANDRA MURLIDHAR PATIL AND ORS ...

Advocate for Applicant: Mr. Shelke Manoj Uttamrao Advocate for Respondent No.1: Mr. Sanjay A. Wakure ...

AND ...

936 CIVIL APPLICATION NO.365 OF 2023 IN CRAST/34710/2022 KASHINATH HANUMANT BHOJANE

VERSUS

SURESH SHRIHARI PATIL AND ORS ...

Advocate for Applicant: Mr. Shelke Manoj Uttamrao Advocate for Respondent No.1: Mr. Sanjay A. Wakure ...

CORAM :ARUN R. PEDNEKER, J.

DATE :25th JULY, 2023 PER COURT:

1.

The present civil revision applications are filed challenging the order passed under Order 7 Rule 11 of the CPC dismissing the application filed by the defendant appellant herein. There is a delay of 111 days in filing the present civil revision applications.

2 ca 366&365.2023 2.

The learned counsel for the applicant submits that there was a communication gap between the counsel engaged by the applicant and that the order was not communicated to the applicant within time. When the appliant got knowledge of the order, he obtained certified copy. Thereafter, he had to engage the advocate at Aurangabad and get all the necessary papers to file the present civil revision applications. In view of the same, the delay has occurred of 111 days. The learned counsel submits that the delay is bonafide and not intentional.

3.

For the reasons stated as above, the civil applications for condonation of delay are allowed. Delay is condoned.

4.

List both these matters together, on 17.08.2023.

5.

Reply, if any, to be filed before that date.

[ARUN R. PEDNEKER, J.] marathe