Kishor Dagadu Davane v. Satish Sambhaji Shinde And ANR.

by VARSHA VIJAY RAJGURU Date:

2024.10.15 14:34:19 +0530 VARSHA VIJAY RAJGURU 70-ia-547-2022-sast-1647-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 547 OF 2022 IN SECOND APPEAL(ST) NO. 1647 OF 2022 Kishor Dagadu Davane ... Applicant vs.

Satish Smbhaji Shinde and Anr ... Respondents Mr. Anvil S. Kalekar for Applicant.

CORAM : GAURI GODSE, J.

DATED : 11th OCTOBER 2024 ORDER:

1.

This application is for condonation of delay of 2 years and 172 days in filing the appeal. Learned counsel for the applicant submits that the reasons for delay are explained in paragraph 7 of the application. Learned counsel for the applicant submits that due to the applicant's transportation business, he was required to travel from place to place and hence, he was unable to contact the advocate for filing the second appeal. He submits that due to Covid19 pandemic restrictions and due to fear of covid pandemic as he is a senior citizen with ailments, he was unable to take immediate Page no. 1 of 2

70-ia-547-2022-sast-1647-2022.doc steps. Respondents are served, however, none appears for the respondents. There is no opposition to the reasons stated in the application.

2.

I have perused the application. The reasons as argued on behalf of the applicant are explained in detail in the application. I do not see any reason to disbelieve the grounds raised for condonation of delay. Hence, for the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause(b).

3.

Office is directed to register the second appeal and list it for 'admission' on 17th January 2025.

(GAURI GODSE, J.) Page no. 2 of 2