Rajesh Shankar Naktode v. Tukaram Kothu Hatwar And Other

2024:BHC-NAG:8579 48=CAS 1571-23 in SAst 20845-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 1571 OF 2023 IN SECOND APPEAL (ST.) NO. 20845 OF 2023 RAJESH SHANKAR NAKTODE -Vs. - TUKARAM KOTHU HATWAR AND ANOTHER Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N,R. Raut, Advocate for appellant.

Shri S.P.Mokdam, Advocate h/f. Shri N.S. Talmale, Advocate for respondent nos. 1 and 2.

CORAM : SANJAY A. DESHMUKH , J.

DATED : 02/08/ This is an application for condonation of delay of 296 days caused in preferring the Second Appeal. 2.

It is contended that the applicant was suffering from various ailments and therefore, he was not aware and able to contact his local counsel about the said matter and could not take prompt steps. The applicant further contended that he came to know about the matter when he received notice from the Tahasildar in an application filed by the respondents for deleting the name of the applicant in the revenue record in the suit property. Thereafter, he decided to prefer the appeal.

3.

Perused the application.

48=CAS 1571-23 in SAst 20845-23.odt 4.

Heard the learned Advocate for both sides.

5.

Considering the reasons stated in the application, the application deserves to be allowed in the interest of justice. As such, the application is allowed. Delay of 296 days caused in preferring the Second Appeal is hereby condoned. 6.

Accordingly, the application stands disposed of. SECOND APPEAL (ST.) NO. 20845 OF 2023 Issue notice to the respondents.

2.

Shri S.P.Mokdam, learned Advocate h/f. Shri N.S.Talmale, learned Advocate waives notice for respondent nos. 1 and 2.

3.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) B.T. Khapekar