Kalyani Prasad Hire v. Mohd. Mujeebuddin Quazi Mohd. Mumatazuddin Quazi And ORS

14845.19CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.14845 OF 2019 IN FIRST APPEAL STAMP NO.39164 OF 2019 KALYANI PRASAD HIRE

VERSUS

MOHD. MUJEEBUDDIN QUAZI MOHD.MUMATAZUDDIN QUAZI & OTHERS ...

Mr.P.C.Mayure, Advocate for the applicant.

Mr.Anand D.Wange, Advocate for the respondent no.2.

Mr.N.T.Tribhuwan, Advocate for the respondent no.3.

...

CORAM : V.L.ACHLIYA,J.

DATE : 28.02.2020 P.C.

1] The applicant has moved this application seeking condonation of 322 days delay in filing appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicant and the advocate representing the respondent nos.2 and 3. The respondent no.1 though served through respondent no.2 absent. 3] On due consideration of the submissions advanced in the light of unchallenged and uncontroverted pleadings made in the application, assigning cause for

14845.19CA.odt condonation of delay, I am of the view that delay deserves to be condoned. If delay is condoned, no serious prejudice would cause to the other-side as ultimately appeal will be decided on its own merit. On the contrary, if delay is not condoned, there is every likelihood that serious prejudice may cause to the applicant-appellant. I am, therefore, inclined to allow the application.

Accordingly, application is allowed in terms of prayer clause-B. Delay condoned.

4] Appeal be registered. Office objections, if any, be removed within two weeks from the date of registration of the appeal.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC