M/S Shiv Sai Developer A Partnership Through Managing Partner Hemantbhai Prabhatbai Patel v. Ashish Shantaram Dharpure And Others

2024:BHC-NAG:11517 51.cas.595.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.595 OF 2024 IN SECOND APPEAL ST. NO.13474 OF 2024 M/s Shiv Sai Developers through its Managing Partner, Hemantbhai Parbatbhai Patel .Vs. Ashish D/o Shantaram Dharpure and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A. Naik, Senior Adv. a/b Shri Amit Bhate, Adv. for appellant. Shri P.S. Tembhare, Advocate for respondents. CORAM : SANJAY A. DESHMUKH, J.

DATED : 14/10/2024 1.

This is an application for condonation of delay of 11 days caused for filing second appeal.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice. 5.

The learned advocate for the appellant pointed out that, appellant is 82 years old suffering from heat ailment due to some other reasons he required time for filing appeal. He lastly prayed that the delay is not deliberately caused therefore the application deserves to be allowed.

6.

The learned advocate for the respondents strongly opposed the application and pointed out reply filed by the respondent.

C.L. Dhakate

51.cas.595.24.odt 7.

Perused the reply.

8.

Considering delay period of 11 days, it would be proper to allow the application in the interest of justice. The application is allowed. Delay of 11 days is condoned. 9.

The application is disposed.

SECOND APPEAL ST. NO.13474 OF 2024 1.

Issue notice to the respondents.

2.

Shri Tembhare, learned advocate waives service of notice for the respondents.

3.

Stand over to 13.11.2024.

4.

Till then, interim order to continue.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate