Vishvanath Govinda Malthane v. Sau. Venutai Onkar Murumkar And Others

43 cas1078.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 1078/2019 In Second Appeal Stamp No.5288/2019 Vishvanath Govinda Malthane

Versus

Sau Venutai Onkar Murumkar 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 J.B. Gandhi, Advocate for the applicant. Shri A.M.Tirukh, Advocate for the non-applicants. CORAM : ANIL S. KILOR, J.

DATED : 17 NOVEMBER 2021 This is an application for condonation of delay of 94 days in filling the second appeal. 2.

Shri Gandhi, learned counsel for the applicant submits that sufficient cause has been shown in the application for causing the delay in filing the second appeal.

3.

On the other hand, Shri Tirukh, advocate for the non-applicant no.1 opposes the application. SKNair

43 cas1078.2019.odt None appeared on behalf of other non-applicants, though served.

4.

I have gone through the application and found that the reasons stated in the application are sufficient and explanation offered in paragraphs 2 and 3 justifies the delay caused in filing the second appeal. 5.

Accordingly, the delay in filing the Second Appeal is condoned.

6.

The application is disposed of accordingly.

7.

Office is directed to register the second appeal and place the same for 'Admission'.

[ANIL S. KILOR, J.] SKNair