Tryambak Vinayak Deshpande And Another v. Mohan Chandrashekhar Kully And Another

1 CAS760.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 760 OF 2019 IN FIRST APPEAL ST NO. 12376 OF 2018 Tryambak Vinayak Deshpande and anr.

..VS..

Mohan Chandrashekhar Kully and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Dhawas, Adv. for appellants.

Shri A.B. Mirza, Adv. for respondent nos 2 and 3. CORAM : VINAY JOSHI, J.

DATED : 18 th NOVEMBER, 2019 Heard.

2.

This is an application seeking condonation of delay of 9 days caused in filing the Second Appeal. The appellant has contended in paragraph no. 4 that due to illness, he was unable to file the appeal within stipulated period. The other side has objected the ground canvassed for the delay.

3.

Considering the marginal delay of 9 days and period of ailment, I hold that delay is made out the sufficient cause. Hence, delay caused in filing the appeal stands condoned. The Civil Application stands disposed accordingly.

4.

Appeal be registered.

2 CAS760.19 SECOND APPEAL ST. NO. 12376 OF 2019 Issue fresh notice.

Learned Counsel Shri A.B. Mirza waives notice for all respondents.

JUDGE Trupti