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Bombay High CourtCAS/118/2021delay condonatedrejected

Inder S/O Jayantilal Gundecha v. Shri Baban S/O Janardhan Pathrabe And Others

2022-04-12Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 929-cas-118-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.118/2021 IN SECOND APPEAL ST. NO. 10554/2020 Dr. Inder Gundecha Vs. Baban Pathrabe & Others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - Mr. K. B. Zinjarde, Advocate for Appellant Mr. Sumedh Bodalkar, Adv. for Respondent No.1 CORAM : MANISH PITALE, J.

DATE : 12th APRIL, 2022 This is an application seeking condonation of delay of 36 days in filing the second appeal. Although there is opposition on the part of the respondents, this Court is convinced that the application deserves to be allowed. 2.

Accordingly, the application is allowed and delay is condoned.

3.

Registry is directed to register the second appeal. CIVIL APPLICATION (CAS) NO.373/2022 This is an application moved on behalf of the appellant seeking permission to raise additional grounds as substantial questions of law. As the appeal is yet to be MP Deshpande

2 / 2 929-cas-118-21 taken up for consideration even at admission stage, there would be no prejudice caused to the respondents if the application is allowed and permission is granted to raise the additional substantial questions of law. Accordingly, the application is allowed and permission to raise additional grounds / substantial questions of law is granted to the appellant.

2.

The application is disposed of.

3.

List the second appeal for consideration after two weeks.

JUDGE P DESHPANDE 15:00 MP Deshpande