Pandhari S/O Kashiram Fulzele And Another v. L. G. Gurubaxani (Dead) Through Lrs. Ashok S/O Lalchmal Gurubaxani And And Another

9-CAF-3462-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3462 OF 2015 IN FIRST APPEAL ST. NO.14708 OF 2015 Pandhari s/o Kashiram Fulzele and anr.

-vs- L. G. Gurubaxani (Dead) Thr. legal heir Ashok s/o Lalchand Burubaxani, Kadbi Chowk, Nagpur and anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms M. Pathade, Advocate for appellant/applicant. Shri M. N. Ahmed, Advocate for respondent No.2. CORAM : A.S.CHANDURKAR, J.

DATE : February 23, 2017 By this application, the applicants pray that the delay in filing the appeal be condoned. In the application it is stated that on account of financial constraints the appeal could not be filed within the period of limitation.

The application is opposed by the learned counsel for respondent No.2 by relying upon the reply. It is submitted that no sufficient cause has been shown for the delay to be condoned.

Perused the application as well as the reply. I do not find that the delay as caused is deliberate. Hence the application is allowed and delay stands condoned. Civil application is allowed and disposed of. F.A.St. No.14708 of 2015 Heard. Admit. Call for record and proceedings. Shri M. N. Ahmed, learned counsel waives notice on behalf of respondent No.2.

Appellant to file paper-book within period of six months from today. Asmita JUDGE