Vilas S/O Keshaorao Nakade And Others v. Bhimrao S/O Narayan Gawande And Others

0806cas852.12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAS) No.852 of 2012 In Second Appeal Stamp No.14209 of 2012 (Vilas s/o Keshaorao Nakade and others v. Bhimrao s/o Narayan Gawande and others) Along with Second Appeal No.80 of 2015 (Vilas s/o Keshaorao Nakade and others v. Bhimrao s/o Narayan Gawande and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Rohit Joshi, Advocate for Appellants.

Coram : R.K. Deshpande, J.

Date : 8 th June, 2016 There is a delay of 1 year, 2 months and 22 days caused in filing Second Appeal Stamp No.14209 of 2012. Shri Rohit Joshi, the learned counsel for the appellants, has invited my attention to the order dated 23-1-2015 passed by this Court on Civil Application No.809 of 2012 in Second Appeal Stamp No.14220 of 2012. He submits that this Court has condoned the delay by imposing the costs of Rs.2,500/- and the explanation furnished therein was acceptable as sufficient cause. He further submits that the same explanation is furnished in the present application also. This fact is not disputed. Hence, the delay caused in filing the present appeal is also required to be

0806cas852.12.odt condoned by imposing the costs.

Civil Application No.852 of 2012 is allowed. The delay caused in filing Second Appeal No.14209 of 2012 is condoned, subject to payment of costs of Rs.2,500/- to the respondent No.1 within a period of four weeks from today.

Both these second appeals be placed for admission on 22-6-2016 and be heard together.

Judge.

Lanjewar