Madhukar S/O Pundlik Awate v. Ashok S/O Vyankatesh Pinjarkar And Others

1 1104cas951.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.951 OF 2014 IN SECOND APPEAL ST. NO.17230 OF 2014 MADHUKAR S/O PUNDLIK AWATE VS ASHOK S/O VYANKATRAO PINJARKAR AND ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. G. Bhamburkar, Advocate for the applicant. Shri A. J. Thakkar, Advocate for the respondent No.1. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 11, 2016.

1.

Prayer is to condone delay of 1149 days in filing the second appeal. The judgment of the Appellate Court is dated 5-4-2011. In para 4 of the application, it has been stated that as the applicant was not aware about the provisions of law, he could not get proper advise. It is further stated that on 8-8-2014 the applicant approached his Counsel for filing the reply.

2.

The non-applicant No.1 has filed his reply opposing the application.

3.

Considering the fact that the judgment of the first Appellate Court is dated 5-4-2011 and there is no explanation whatsoever as to the steps taken from said date till 8-8-2014, the delay for aforesaid period has not been satisfactorily

2 1104cas951.14 explained. The application for condonation of delay is, therefore, dismissed. No costs.

JUDGE /MULEY/