Smt.Jayashree Bhiva Bandivadekar (Deceased Through Lrs) 1. Mr. Dattaparasad Bhiva Bandivadekar And v. Mr.Arun Mahadev Acharekar

49.1482.18 cas.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1482 OF 2018 IN SECOND APPEAL ST NO. 1825 OF 2018 Smt. Jayashree Bhiva Bandivadekar .....Applicants (Deceased Through LRs) Vs.

Mr. Arun Mahadev Acharekar .....Respondent Mr. Ashok Varma for the applicants Mr. Y. Malvankar for the respondent IRESH MASHAL CORAM : GAURI GODSE, J.

Digitally signed by IRESH MASHAL Date:

2024.09.11 20:28:52 +0530 DATE :

9th SEPTEMBER 2024 ORDER:

1.

This application is for condonation of delay of 6 days in filing the application.

2.

Learned counsel for the applicants submits that since applicant's father was looking after the matter, the applicant was unaware about the litigation. He submits that after his father expired, the applicant required some time to make arrangements for filing the second appeal. He submits that the applicant has explained the reasons for the delay 1/2

49.1482.18 cas.docx and the steps taken for filing the second appeal. He thus submits that the delay be condoned and the second appeal be heard on merits. 3.

Learned counsel for the respondent opposes the condonation of delay on the ground that the reasons stated in the application are not acceptable.

4.

I have perused the application. Applicant has explained in detail the reasons that caused the delay in filing the appeal and the steps taken for filing the appeal. The reasons appear to be acceptable and genuine.

5.

For the reasons stated in the application, the delay is condoned and the application is allowed in terms of prayer clause (a). 6.

Office is directed to register the second appeal and list it under the caption for "Urgent Admission" on 4th December 2024. [GAURI GODSE, J.] 2/2