Purushottam Daulat Bodalkar v. Motiram S/O Daulat Bodalkar (Dead) Through Lrs. Munishwar S/O Motiram Bodhalkar

1 12 cas 827-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.827/2023 IN SECOND APPEAL ST. NO.11964/2023 Purushottam s/o Daulat Bodalkar Vs.

Motiram s/o Daulat Bodalkar (dead) thr. LR's Munishwar s/o Motiram Bodhalkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.R. Galande, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/12/ Heard learned Counsel for appellant.

2.

In spite of service none for the respondent.

3.

Learned Counsel for respondent already filed reply to oppose the application.

4.

It appears that the appellant is 81 years old and due to his old age, the delay has been caused and he is suffering from some medical health issues. As such, there is no intentional and deliberate delay. As such, delay has been caused for justifiable reasons. As such, application needs to be allowed.

5.

The delay in filing Second Appeal is hereby condoned.

6.

The Registry is directed to register the Second Appeal.

2 12 cas 827-2023 7.

The application stands disposed of accordingly.

C IVIL APPLICATION (CAS) 828) 2023 Issue notice to the respondent, returnable on 18/12/2023.

JUDGE R.S. Sahare