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Bombay High CourtCAS/938/2024allowed

Sitaram Mangilal Harshwal v. Rajkaram Digamber Bhirad

2025-09-18Hon'Ble Shri Justice Rohit Wasudeo Joshi1 pages

2025:BHC-NAG:9387

31. CAS 938 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.938/2024 IN SECOND APPEAL ST. NO.17257/2024 Sitaram Mangilal Harshwal ...Versus...

Rajkaran Digamber Bhirad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. M.V. Amale & Mr. N.M. Kolhe, Advocates for applicant Mr. M.R. Deshpande, Advocate for respondent CORAM : ROHIT W. JOSHI, J.

DATE : 18/09/2025 1.

There is a delay of 232 days caused in filing the present appeal.

2.

It is stated in the application that there was communication gap between the Advocate and the applicant and the fact that the appeal was decided by the learned first Appellate Court was not within knowledge of the applicant. The applicant is a senior citizen aged about 67 years. 3.

In that view of the matter, in the considered opinion of this Court, the applicant has offered plausible explanation for the delay caused in filing the appeal. The civil application is allowed. No order as to costs. (ROHIT W. JOSHI, J.) Wadkar