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Bombay High CourtMCA/378/2018allowed

Gurudas Arjun Ghatwal (Dec) Thr. Lrs., v. Mohan Mukund Ghatwal And ANR.,

2018-08-02Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 378 OF 2018 IN STAMP NUMBER MAIN NO. 1546 OF 2018 GURUDAS ARJUN GHATWAL (DEC) THR.

LRS., ... Applicant

Versus

MOHAN MUKUND GHATWAL AND ANR., ... Respondents Adv. K. Mangueshkar holding for Adv. Vinod Vishnu Korgaonkar for the Applicants.

Adv. Deepak Gaonkar for Respondent no.1 & 2 Coram:- C. V. BHADANG, J.

Date:- 2nd August 2018 P.C.:

This is an application for condonation of delay of 58 days in filing a Second Appeal. There was some debate at the bar as to on which date the certified copy of the judgment and decree of the first appellate court was applied for by the applicant. The record clearly shows that the judgment and decree was applied on 28/11/2017. The judgment and decree of the first appellate court is dated 16/11/2017. It can thus clearly be seen that the certified copy was applied for within the period of limitation.

2. On hearing the learned counsel for the parties and for reasons mentioned in the application, the same is allowed. The delay in

MCA/378/2018 filing the Second Appeal is hereby condoned. Let the Second Appeal be registered.

3. The civil application is disposed of.

C. V. BHADANG, J.

ap/-