Khalil Papamiya Shaikh Deceased Through Legal Heirs Farida And ORS v. Jayant Govind Bhole

CA 8435/19 in SAST 38202/18 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.8435 OF 2019 IN SAST/38202/2018 KHALIL PAPAMIYA SHAIKH DECEASED THROUGH LEGAL HEIRS FARIDA AND OTHERS

VERSUS

JAYANT GOVIND BHOLE ...

Advocate for Applicants : Shri Patil Vinod Prakash Advocate for Respondent : Shri C.P. Patil CORAM: V.L. ACHLIYA, J.

DATE: 30.08.2019 PER COURT :

1] This application is filed seeking condonation of delay of one day in filing appeal.

2] Heard learned counsel for the applicants and respondent.

3] Learned counsel for the applicants submits that the delay caused in filing appeal was not deliberate and intentional. It has occurred mainly due to not completing procedural formalities.

4] Learned counsel for the respondent submits that the reason assigned for condonation of delay is not sufficient to condone the delay.

CA 8435/19 in SAST 38202/18 - 2 - 5] On due consideration of the submissions advanced and taking note that the delay is only of one day, I am of the view that the delay deserves to be condoned. 6] Accordingly, the application is allowed in terms of prayer clause [B].

Delay condoned.

Appeal be registered.

7] Civil application is disposed of in above terms. 8] List the appeal for admission on 20.9.2019 subject to removal of office objections.

(V.L. ACHLIYA, J.) ndk/c3081946.doc