1. Ajit S/O Jagdish Maniyar And Other v. 1. Kondaji S/O Radhu Satpute And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 9436 OF 2017 IN SAST/38431/2016 WITH CA/2285/2017 IN SAST/38431/2016 WITH CA/2879/2017 IN SAST/38431/2016 AJIT JAGDISH MANIYAR AND ANOTHER

VERSUS

KONDAJI RADHU SATPUTE AND OTHERS ...

Advocate for Applicants : Mr. Dixit Satyajeet S; Mr. S. T. Shelke For R/ 1 & 3.

...

CORAM : P.R. BORA, J.

Dated: July 06, 2018 ...

PER COURT :- 1) Heard learned counsel for applicants as well as respondent. For the reasons stated in CA No. 9436/2017, the application is allowed and disposed of. The legal heirs of Respondent No.2 be taken on record. Delay caused in filing this application is condoned. Abatement, if any, stands set aside.

2) Delay of 14 days has occurred in filing the second appeal. The reasons are explained. Learned counsel for respondents has opposed for condoning the delay, stating that the reasons are BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD insufficient.

3) On perusal of the application, it appears that the delay is sufficiently explained. Moreover, it is meager period of 14 days. I am, therefore, inclined to allow the application. The delay of 14 days caused in filing the second appeal is condoned. CA No.2285/2017 stands disposed of. The second appeal be registered in accordance with law. On registration of the appeal, issue notices to the respondents, returnable after six weeks.

( P.R. BORA, J. ) ...

BDV