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Bombay High CourtCAS/529/2015allowed

Champabai Bajrang Uthale And ORS. v. Indu Bajrang Uthale

2015-08-24Hon'Ble Shri Justice K.K. Tated2 pages

36 cas529-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.529 OF 2015 IN SECOND APPEAL (ST) NO.1659 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.P.R.Arjunwadkar for the applicant

CORAM

: K.K.TATED, J.

DATED : 24/08/2015 PC:

Heard the learned counsel for the applicant.

Though respondent is duly served no one appeared on behalf of her when the matter was called out.

This application is preferred by defendant for condonation of 31 days delay in filing Second Appeal challenging the decree dated 12.9.2014 passed by Appellate Court in Regular Civil Appeal No.77 of 2008.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, Mohite 1/2

36 cas529-15.doc following order:

a) Delay of 31 days in filing Second Appeal is condoned.

b) Civil application stands disposed off accordingly.

c) Appellant to remove all office objections in Second Appeal within four weeks from today, failing which Second Appeal shall stand dismissed without referring back to the court.

(K.K.TATED, J.) Mohite 2/2