Janabai W/O Laxman Mate And Others v. Baburao Sadashiv Gadge And Others

7 cas 436-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 436 of 2018 In Second Appeal Stamp No.2882 of 2018 Janabai w/o Laxman Mate and others

Versus

Baburao Sadashiv Gadge and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.N. Patre, Advocate for applicant CORAM : ANIL S. KILOR, J.

DATED : 18 DECEMBER 2021 Heard the learned Counsel for the applicants. 2.

None for the non applicant though served.

3.

This is an application for condonation of delay. The learned Counsel for the applicants has pointed out that there is a delay of 63 days in filing Second Appeal. The learned Counsel for the applicants has drawn attention of this Court to the reasons given in paragraph No. 2 and 3 of this application. It is submitted that the sufficient cause has been shown in the application for condonation of delay. It is further

7 cas 436-2018.odt submitted that the delay is not intentional but bonafide and accordingly he prays for condoning the delay. 4.

After going through the application more particularly paragraph Nos. 2 and 3, I am of the opinion that sufficient cause has been shown by the applicant for condonation of delay. Moreover as there is no reply filed to this application, though this application is pending since 2018, it appears that the non-applicants have no objection, if this application is allowed.

5.

Accordingly this application is allowed. The delay caused in filing Second Appeal is condoned.

6.

Office is requested to register the Second Appeal and place the same for admission.

[ANIL S. KILOR, J.] Jayashree Signed By:JAYASHREE SHARAD SHINGNE