Liladhar S/O Baliram Ambilduke And Another v. Nalini W/O Chandu Waghulkar And Others

1 938 cas 142-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.142/2021 IN SECOND APPEAL ST. NO.24720/2019 Liladhar s/o Baliram Ambilduke and another Vs.

Nalina w/o Chandu Waghulkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.R. Ingole, Advocate for appellants Shri M.R. Joharapurkar, Advocate for respondent No.1 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

01/07/ The present application is filed for condonation of delay in filing Second Appeal. It is submitted by learned Counsel for appellants that the certified copies received within limitation. The Counsel had undergone bypass surgery. Hence appeal could not file within limitation.

The application is vehemently opposed by the respondents. Application for permission to file additional affidavit of appellants in support of the application for condonation of delay is filed. Along with said affidavit, he has mentioned the date of receipt of certified copies as well as the medical certificate in respect of his Counsel's medical treatment.

After considering the reasons, I am satisfied that delay caused in filing the Second Appeal is neither intentional nor deliberate. It is for justified reason. Hence, application is allowed.

2 938 cas 142-2021 Delay in filing Second Appeal is hereby condoned.

Registry is directed to register the Second Appeal.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE