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Bombay High CourtCAF/2192/2021delay condonatedrejected

Vasantrao S/O Vithobaji Kalode v. Shri Shrikant Wamanrao Sakharkar (Dead) Through Lrs. Waman S/O Mahadeo Sakharkar And Another

2023-06-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

918-CAF 2192-21 in FAst-4666.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2192 OF 2021 IN FIRST APPEAL (ST.) NO. 4666 OF 2021 VASANTRAO S/O. VITHOBAJI KALODE ...VERSUS...

SHRI SHRIKANT WAMANRAO SAKHARKAR (DEAD) THR. LRS. WAMAN S/O. MAHADEO SAKHARKAR & ANR. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Karan Mirache, Advocate h/f. Shri P.S. Mirache, Advocate for applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JUNE, 2023 The present application is filed for condonation of delay in filing the First Appeal.

2.

In spite of service to the respondents, nobody appears for them.

3.

It appears that the impugned order came to be passed on 29/02/2020 and limitation period is expired on 29/05/2020. However, there was outbreak of Covid-19 pandemic, therefore, there was delay in filing the present application.

4.

In view of Suo Motu Writ Petition (C) No. 3/2020, the limitation was extended by Hon'ble Apex Court due to pandemic situation from 15/03/2020 to 14/03/2021 and the present application is filed on 12/03/2021. As such, there is no delay in filing the First Appeal. 5.

Considering the reasons stated in the application, the application is allowed. Delay in filing the First Appeal is hereby condoned.

918-CAF 2192-21 in FAst-4666.odt 5.

Registry is directed to register the First Appeal. 6.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar