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Bombay High CourtCAS/1022/2018admittedallwdgrantedrule absolute

Ashok S/O Narayan Hedau v. Ashok Shahakar And Another

2018-10-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

2-CAS-1022-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.1022 OF 2018 IN SECOND APPEAL ST. NO.11096 OF 2018 Ashok s/o Narayan Hedau, Besa Road, Manewada, Nagpur -vsAshok Shahakar and anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. K. Paunikar, Advocate for applicant/appellant. Shri S. P. Kshirsagar, Advocate for respondents. CORAM : A.S.CHANDURKAR, J.

DATE : October 30, 2018 Perused contents of the application for condonation of delay. The reasons for the cause of delay are given in paragraphs 3 and 4 of the application.

Prayer is opposed by the non-applicants by filing reply and stating therein that reasons given are not sufficient. On considering the reasons as furnished it is found that the same are not directly attributable to the applicant. In that view of the matter delay in filing the Second Appeal is condoned. Civil Application is allowed and disposed of. Second Appeal St. No.11096 of 2018.

Heard.

Issue notice for final disposal of the Second Appeal on the following substantial question of law :

" Whether the appellate Court was legally correct in refusing to condone the delay ?"

2-CAS-1022-18 2/2 Notice returnable on 05/12/2018.

Shri S. P. Kshirsagar, learned counsel waives notice on behalf of the respondents.

JUDGE Asmita