Kisana S/O Mahadeo Gawali v. Anandrao S/O Mahadeo Gawali And Others

2024:BHC-NAG:6293 1 41-CAS No.320.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 320 OF 2024 IN SECOND APPEAL (ST.) NO. 4072 OF 2024 Kisana S/o. Mahadeo Gawali ..VS..

Shri Anandrao S/o. Mahadeo Gawali and two others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Harsh Kothari, Advocate for applicant/appellant. CORAM : SANJAY A. DESHMUKH, J.

DATED : 20 th JUNE, 2024 This is an application for condonation of delay filed under Section 5 of the Limitation Act.

2.

Heard learned Counsel for the applicant.

3.

The applicant in his application in para No.4 stated the reason that due to the Summer Vacation, he could not file an appeal therefore, there is delay of 50 days caused for filing the appeal.

4.

For the reasons stated in the application, which appears that there is sufficient cause that because of Summer Vacation the applicant could not file the appeal. The delay is not intentional, therefore, the application deserves to be allowed.

5.

The application is allowed.

2 41-CAS No.320.2024 6.

Delay of 50 days caused for filing the appeal is condoned.

SECOND APPEAL (ST.) NO. 4072 OF 2024 Issue notice to the respondents, returnable within four weeks.

(SANJAY A. DESHMUKH, J.) Kirtak