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Bombay High CourtCAF/2358/2018

The Chief Officer, Phaltan Nagar Parishad, Phaltan v. Pratapsinh Shetkari Thr. Mr. Sachin Subhashrao Suryawanshi (Bedake) And ANR.

2019-04-26Hon'Ble Shri Justice K.K. Tated2 pages

909 caf2358-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2358 OF 2018 IN FIRST APPEAL (ST.) NO.5095 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.V.S.Talkute for the applicant Mr.Yogesh Dabake, A.G.P. for the State CORAM : K. K. TATED, J DATE : APRIL 26, 2019 P.C.:

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Heard.

The learned counsel for the applicant submits that respondent no.1 is duly served.

He has filed affidavit of service dated 28.3.2019. Same is taken on record and marked 'X' for identification. Inspite of service, no one appeared on behalf of applicant when the matter was called out.

By this Civil Application Applicant is Mohite 1/2

909 caf2358-18.doc seeking condonation of 76 days delay in filing First Appeal challenging the impugned judgment and award dated 2.9.2016 passed by learned Civil Judge, Senior Division, Satara in Land Reference No.66 of 2011.

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, following order:

a) Delay in filing Civil Application is condoned.

b) Civil application stands disposed of accordingly.

c) No order as to costs.

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