Pandit S/O Mahu Lodhi (Thakrele) v. Smt. Fulkan W/O Shrawan Nagpure (Dead) Thr. Lrs. Bala S/O Shrawan Nagpure And Others

2023:BHC-NAG:16084 905-CAS 913-17 in SAst 15674-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 913 OF 2017 IN SECOND APPEAL (ST.) NO. 15674 OF 2017 PANDIT S/O. MAHU LODHI (THAKRELE) ...VERSUS...

SMT. FULKAN W/O. SHRAWAN NAGPURE (DEAD) THR. LRS. BALA S/O. SHRAWAN NAGPURE AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Devendra Mohgaonkar, Advocate h/f. Shri Shrikant Deo, Advocate for appellant/appellant.

Shri M.R. Patil, Advocate for respondent nos. 1(A) & 1(B).

CORAM

:

SMT. M. S. JAWALKAR,J.

rd NOVEMBER , 2023 DATE :

Heard the learned counsel for both the parties. 2.

The present application is filed for condonation of 90 days' delay in filing Second Appeal.

3.

It is submitted that the delay has been caused due to old age of the appellant as well as paucity of fund. 4.

Though the application is opposed by the learned counsel for the respondent nos. 1(A) & 1(B), in view of the reasons stated in the application, I am inclined to allow the present application. As there is justifiable reason to condone the delay, the application is allowed. Delay in filing Second Appeal is hereby condoned. 5.

Registry is directed to register the Second Appeal. 6.

Accordingly, the application stands disposed of.

905-CAS 913-17 in SAst 15674-17.odt SECOND APPEAL (ST.) NO. 15674 OF 2017 The protection/relief granted vide order dated 22/08/2017 is hereby extended till hearing of stay application i.e. CAS No. 914/2017.

2.

List the matte for admission after vacation.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar