Bapurao Damu Borkute And Others v. Vithu S/O Zungra Borkute And Others

2024:BHC-NAG:4423 1 4.cas.162.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 162 OF 2024 IN SECOND APPEAL (ST.) NO.7 OF 2024 Bapurao Damu Borkute (deceased) and others .VS.

Vitthu S/o. Zungra Borkute and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Rashmi Gurnule, Adv. h/f. Ms Kirti Satpute, Advocate for the applicants Mr M. A. Kadu, AGP for the State CORAM :

G.A. SANAP, J.

DATE :

APRIL 18, 2024.

Heard learned counsel for the applicants.

2.

This is an application for condonation of two days delay caused in filing the appeal. It is stated that the appeal was prepared by the Advocate after calling the entire record from the applicants. It is submitted that in this entire process the delay of two days has occurred in filing the appeal.

3.

On going through the record it appears that the Advocate has accepted the responsibility for filing the appeal beyond limitation. In my view, considering the

2 4.cas.162.2024 number of days delay, it is not necessary to issue notice on this application.

4.

Learned AGP Mr M. A. Kadu waive service of notice on before the respondent Nos. 6 to 9/State. 5.

In view of this, the delay deserves to be condoned. The reasons are sufficient to condone the delay.

6.

Accordingly, the civil application is allowed. 7.

Delay of two days caused in filing the appeal stands condoned.

8.

The second appeal be registered.

9.

The civil application stands disposed of accordingly.

(G. A. SANAP, J.) Namrata