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Bombay High CourtCAS/202/2021delay condonatedrejected

Smt. Shashikala W/O Meghraj Shende And Others v. Shri Shankar S/O Daulat Thawkar And Others

2023-07-12Hon'Ble Shri Justice Anil L. Pansare1 pages

CAS.202.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CIVIL APPLICATION (S) NO. 202/2021 IN SECOND APPEAL (ST)NO. 2231/2020 Smt. Shashikala w/o Meghraj Shende and others ..Applicants versus Shri Shankar Daulat Thawkar & others ..Respondents ............................................................................................................. Mr.C.M.Munje,Adv.h/for Mr A.A. Pannase, Advocate for the applicants None for Respondents .............................................................................................................. CORAM: ANIL L. PANSARE, J.

DATE D : 12th July, 2023.

PC:

By the present application, the applicants is seeking condonation of delay of 34 days in filing the Second Appeal against the judgment and decree dated 13th September, 2019 passed by learned District Judge 12, Nagpur in Regular Civil Appeal No.506/2017 thereby dismissing the appeal.

The learned counsel for the applicants submits that the delay has occurred as the applicants could not collect the documents in time and were unaware of the relief that could be sought by them in Second Appeal.

The respondents though served, are absent. As such, the statements of the applicants on affidavit are not controverted. In view of the above and for the reasons set out in the application, the Civil Application is allowed. The delay of 34 days caused in filing the present appeal is hereby condoned. The Appeal be registered and processed as per Rules.

[ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: