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Bombay High CourtCAS/438/2021ca disposed off

Devrao S/O Jagannath Raut And Another v. Shri Eknath S/O Jiwan Devtale And Others

2021-11-23Hon'Ble Shri Justice Anil S. Kilor2 pages

1 cas438.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAS) NO.438 OF 2021 IN SECOND APPEAL ST. NO.7624 OF 2021 (DEVRAO JAGANNATH RAUT & ANR....VS.. EKNATH JIWAN DEVTALE & ORS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S.Wathore, Advocate for Applicants/Appellants. Shri V.N.Morande, Advocate for Respondent Nos.1 to 5. CORAM : A NIL S. KILOR , J.

DATED : NOVEMBER 23 , 20 .

1.

Heard learned counsel for the applicants and respondent Nos. 1 to 5. None for the respondent Nos. 6 to 8, though served.

2.

The learned counsel for the applicants states that there is delay of about 583 days in filing the second appeal. He has explained the delay in paragraph Nos. 2 to 4 of the application and has specifically emphasized the reason for delay due to pandemic situation.

3.

The learned counsel for the respondent Nos.

1to 5 opposed the application, however, he is not disputing the situation faced by the litigants during pendamic.

4.

I find that the reasons given in the applcitaion are satisfactory and sufficient to explain the delay caused

2 cas438.21 in filing the second appeal. I am of the view that though the delay is of more than 500 days, liberal approach should be adopted.

5.

In view of above, the application is allowed. The delay caused in filing the second appeal is condoned subject to costs of Rupees Two Thousand Five Hundred, to be deposited with High Court Legal Services SubCommittee, Nagpur within a period of two weeks, failing which the appeal shall stand dismissed.

6.

If cost is deposited, within the stipulated period, appeal be registered and it be listed for admission before the Court.

JUDGE RRaut..