Sunil S/O Anandrao Domade And 2 Others v. The City Of Nagpur Corporation, Through Its Municipal Commissioner, Nagpur

0405cas145.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) NO. 145 OF 2016 IN SECOND APPEAL ST. NO. 24353 OF 2015 Sunil Anandrao Domade & Ors. Vs. City of Nagpur Corporation thr Municipal Commissioner ....................................................................................................................................................................... .

Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................................... .

Shri S. D. Khati Adv for appellant.

Shri H. A. Deshpande Adv for respondent.

CORAM: A. S. CHANDURKAR J.

DATED: 4th MAY, 2016.

By the present application the applicants pray for condoning the delay in filing Second Appeal. The reasons for the cause of delay are mentioned in paragraphs 3 and 4 of the application.

The application is opposed by the learned counsel for the non applicant. It is submitted that reasons assigned are not sufficient. However, considering the averments made in para 3 of the application the delay as caused does not appear to be deliberate. Even otherwise the suit filed by the applicants as well as the appeal filed thereafter have been dismissed.

Hence, the delay in filing second appeal stands condoned subject to payment costs of Rs. 1000/- to be paid by the applicants to the High Court Legal Aid Services Sub Committee Nagpur within a period of two weeks from today. Civil application is allowed.

JUDGE

0405cas145.16 svk