Bhagwan Shankar Date And Another v. Pramnilabai Vishnu Upadhyay And 2 Others

cao1585.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CAO NO.1585 OF 2014 IN CROSS APPEAL / OBJECTION ST.NO.8287 OF 2009 IN SA NO.102 OF 2006 BHAGWAN SHANKAR DATE AND ANOTHER V/S PRAMNILABAI VISHNU UPADHYAY AND OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri J.S. Wankhede, counsel for the applicant/R-1. Shri A.V. Bhide, counsel for the appellant.

CORAM : A.P. BHANGALE, J.

DATE : JUNE 12, 2015.

Heard.

This is an application for condonation of delay of 1 year and 99 days caused in filing the cross appeal.

Learned counsel for the respondent No.1 states that appellants are duly served and reply is filed to the condonation of delay.

Considering that the second appeal is pending since 2006, the cross objection, if any, needs to be considered finally in order to ensure that real controversy between the parties is disposed of. Hence, cross objection is permitted to be considered at final hearing.

For the reasons stated in the application, the application is allowed.

.....2/-

cao1585.14 Delay is condoned.

The civil application is disposed of accordingly.

JUDGE !! BRW !!

...../-