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Bombay High CourtCAS/530/2025allowed

Eknath Amruta Gawai v. Sheshrao Tukaram Lambe And Others

2025-09-22Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

2025:BHC-NAG:9583

28. CAS 530 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.530/2025 IN SECOND APPEAL ST. NO.9222/2025 Eknath Amruta Gawai ...Versus...

Sheshrao Tukaram Lambe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. N.A. Gawande, Advocate for applicant Mr. S.B. Bissa, AGP for respondent Nos.5 to 7 CORAM : ROHIT W. JOSHI, J.

DATE : 22/09/2025 1.

This is an application for condonation of delay of 696 days caused in filing the second appeal. The respondents are served. Assistant Government Pleader represents respondent Nos.5 to 7. The contesting respondent Nos.1 to 4 have not entered appearance. Office note dated 28/07/2025 indicates that they are duly served. The application was listed on 04/08/2025, 11/08/2025 and 08/09/2025. On all these three dates, there is no appearance from the side of respondent Nos.1 to 4. This Court has granted sufficient time to respondent Nos.1 to 4 to enter appearance in the matter. 2.

It is stated in the application for condonation of delay that the applicant was not aware about adjudication of Regular Civil Appeal on merits due to lack of communication between him and his Advocate.

28. CAS 530 of 2025.odt 3.

In view of above explanation to which there is no counter, the civil application for condonation of delay is allowed.

4.

Office to register the appeal and list the same for admission on 29/09/2025.

5.

The civil application is disposed of accordingly. No order as to costs.

(ROHIT W. JOSHI, J.) Wadkar