Smt. Rupali Wd/O Gajanan Khupsare And Others v. Nikhil S/O Ramkrushna Ramteke And Others

1 caf352.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 352/2019 IN FIRST APPEAL (FA) (STAMP) NO. 25326/2016 Smt. Rupali Wd/o Gajanan Khupsare and others -Vs.- Nikhil S/o Ramkrushna Ramteke and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.R. Agrawal, Advocate for the applicant / appellant Ms. M.S. Naik, Advocate for respondent no. 3 CORAM : M. G. GIRATKAR, J.

DATED : 12-06-2019 Heard.

Learned Counsel Shri Agrawal for the applicants /appellants has submitted that the delay is of 17 days when the appeal was filed.

Ms. Naik, learned Counsel has strongly objected the application.

The office has endorsed the note stating that the delay is of 17 days in filing First Appeal. Ms. Naik has strongly objected the application and submitted that the delay is more than 17 days, which is not properly explained.

When the appeal was dismissed, there was delay of 17 days as per the office note. All objections were removed when the appeal was filed, the delay was of only 17 days.

2 caf352.19 Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) (STAMP) NO. 25326/2016 Heard.

Issue notice to the respondents returnable on 03/07/2019.

Ms. Naik, learned Counsel waives notice for respondent no. 3.

JUDGE D.S.Baldwa