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Bombay High CourtCAS/230/2021delay condonatedrejected

Sau. Vandana W/O Ramesh Sahastrabuddhe v. Sau. Jayashree W/O Anil Sable

2023-03-03Hon'Ble Smt. Justice M. S. Jawalkar1 pages

1 907 cas 230-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.230/2021 IN SECOND APPEAL ST. NO.3205/2020 Sau. Vandana w/o Ramesh Sahastrabuddhe Vs. Sau. Jayashree w/o Anil Sable - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Bhamburkar, Advocate for applicant Shri Kushal Jain, Advocate h/f Shri V.S. Giramkar, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

03/03/ The present application is filed for condonation of delay in filing Second Appeal. There is delay of 21 days.

2.

The learned Counsel for respondent opposed the application that delay is not satisfactorily explained.

3.

It is submitted that there is no delay in filing appeal as the judgment was delivered on 03/10/2019 and Decree came to be passed on 18/10/2019. As such, the period of limitation for filing the second appeal would start from 18/10/2019. There is no delay in filing appeal. The delay is neither inordinate nor intentional. In view thereof, it is condoned. The application is allowed.

4.

The Registry is directed to register the Second Appeal.

5.

The application stands disposed of accordingly.

Signed By:RANJANA SAMEER SAHARE JUDGE R.S. Sahare