Yusuf Bhai Hamza Bhai Chimthanwala v. Nagpur Improvement Trust, Nagpur, Through Its Chairman And Others

1 10 cas 1030-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1030/2023 IN SECOND APPEAL ST. NO.15250/2023 Yusuf Bhai Hamza Bhai Chimthanwala Vs.

Nagpur Improvement Trust, thr. Its Chairman 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 Yash Maheshwari, Advocate h/f Shri Shraddhanand Bhutada, Advocate for appellant Shri A.M. Kukday, Advocate for respondent No.3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

25/09/ In spite of service, none for the respondent Nos.1 and 2.

2.

Shri A.M. Kukde, learned Counsel, appeared for respondent No.3.

3.

The present application is filed for condonation of delay in filing Second Appeal. There is delay of 145 days. The learned Counsel for applicant submitted that there is delay on the count that they were advised to file review application. The said review application is pending. However, they will seek permission to withdraw the same on the next date. 4.

The learned Counsel for respondent No.3 vehemently opposed the application.

5.

However, for the reasons stated in paragraph

2 10 cas 1030-2023 Nos.2 to 5, I am satisfied that there is justifiable reason for not approaching this Court within limitation. Accordingly, application is allowed. 6.

The delay in filing Second Appeal is hereby condoned.

7.

The Registry is directed to register the Second Appeal.

8.

Interim order to continue till next date.

JUDGE R.S. Sahare