Abdul Habib Abdul Nabi Kureshi And Others v. Baburao S/O Dayaramji Farande

CAS.824.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CIVIL APPLICATION (S) NO. 824/2021 in SECOND APPEAL (st) No.12236/2020 Abdul Habib Abdul Nabi Kureshi and others ..Applicant/s versus Baburao s/o Dayaramji Farande ..Respondent/s ............................................................................................................. Mr.A.S.Bhendarkar, Advocate for the applicant/s Respondent is served.

.............................................................................................................. CORAM: ANIL L. PANSARE, J.

DATE D : 21st July, 2023.

PC:

The learned counsel for the applicants seeks permission to delete the names of applicant nos.2 and 3. Permission granted. The amendment be carried out forthwith.

By the present application, the applicant is seeking to condone the delay of 312 days in filing the Second Appeal against the judgment and decree dated 16th October 2019 passed by learned Principal District Judge, Gadchiroli in RCA No.67/2016. The learned counsel for the applicant submits that he had applied for certified copy on 4th November 2019 and the certified copy was delivered on 15th November, 2019. Meanwhile, the applicant was also under treatment and thereafter there was an outbreak of COVID-19 pandemic.

The Respondent though served is absent. Thus, the justification put forth by the applicant on affidavit remains uncontroverted.

CAS.824.21 In view of the above and for the reasons set out in the application, the delay is condoned. The Civil Application is allowed as prayed for.

Second Appeal be registered and processed in accordance with the Rules.

[ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: