Santosh Sambshiv Burrewar v. Vishal Narsimalu Gopewar

2025:BHC-NAG:4259 Order 2404cas373.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [CAS] NO. 373/2024 IN SECOND APPEAL St. NO. 8649/2024.

Santosh Sambshiv Burrewar

Versus

Vitthal Narsimalu Gopewar ____________________________________________________________________________________________ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri A.S. Dhore, Advocate for the Applicant.

Shri A.N. Shinde, Advocate for the Non-applicant. CORAM : ROHIT W. JOSHI, J.

DATE : APRIL 24, 2025.

Heard.

2.

Present Civil Application is filed seeking condonation of delay of 97 days caused in filing Second Appeal. It is stated in the application that the applicant was not well and therefore, he could not collect case papers from his Advocate to take further steps for filing Second Appeal.

3.

The applicant has annexed medical certificate issued by Dr. Rajesh Dhatrak (M.B.B.S., D.C.H.) on record, along with investigation reports Rgd.

Order 2404cas373.24 from Hindlabs Diagnostic Centre, as also a referral letter referring him for treatment of Tuberclosis. In view of aforesaid documentary evidence, supporting the claim of indisposition of the applicant, though the application is strongly opposed by other side, I am inclined to condone the delay.

4.

Civil Application is allowed and disposed of. Delay is condoned. Office to register the Second Appeal and list for admission.

JUDGE Rgd.