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Bombay High CourtCAS/741/2021delay condonatedrejected

Shri Gulab S/O Bakaram Bawankule And Another v. Smt. Shakuntalabai Wd/O Shripatji Gabhane

2023-07-17Hon'Ble Shri Justice Anil L. Pansare1 pages

CAS.741.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

CIVIL APPLICATION (S) NO.741/2021 IN SECOND APPEAL (ST) No.6597/2020 Shri Gulab Bakaram Bawankude and another ..Applicant /s versus Shakuntalabai wd/o Shripatji Gabhane ..Respondent/s ............................................................................................................. Mr.Rohan Bhishikar Adv.h/for Mr Anand Agrawal, Advocate for the applicants .............................................................................................................. CORAM: ANIL L. PANSARE, J.

DATE D : 17th July, 2023.

PC:

Heard.

By the present application, the applicants are seeking to condone the delay of 226 days in filing the present appeal against the judgment and decree dated 25th July 2019 passed by learned District Judge, Bhandara in RCA No.76/2014.

The learned counsel for the applicants submits that the delay has occurred as the brief was misplaced in the office of the counsel while shifting his office. The subsequent delay has occurred due to prevalence of COVID 19 pandemic.

The non-applicant though served, is absent. Thus, the statements made by the applicants on affidavit justifying the delay remains unchallenged.

In view of the above and for the reasons set out in the application, the Application is allowed, as prayed for. The Second Appeal be registered and processed in accordance with the Rules. [ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: