Dr. J.J. Magdum Trust And ORS. v. Dr. Sukumar Jaypal Magdum And ORS.
16 caf 2250-14=.doc FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
CIVIL APPELLATE JURISDICTION.
CIVIL APPLICATION NO. 2250 OF 2014 IN FIRST APPEAL (ST) NO. 14072 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Uday Warunjikar for the applicant.
None for the respondents.
CORAM : K. K. TATED, J.
DATED : 08/01/2016 P.C.:
.
Heard learned Counsel for the applicant.
Though, the respondents are duly served, no one appeared on behalf of them when the matter called out.
This Application is for condonation of 170 days delay in preferring the appeal challenging the judgment and decree dated 22.08.2013 passed by learned District Judge1 at Jaisinghpur, Dist. Kolhapur below Exh.19 in Regular Civil Suit No. 1 of 2013.
The learned counsel for the applicant submits that initially they preferred Writ Petition challenging Sneha Chavan 1/2
16 caf 2250-14=.doc the said order. That Writ Petition was withdrawn on 08.05.2014 with liberty to file the First Appeal. Hence, there is delay in filing First Appeal. Considering the submissions made by the learned counsel for the applicant and averments made in Civil Application, I am satisfied that applicant has made out case for allowing the Civil Application.
Hence, following order.
a) Delay of 170 days in filing First Appeal is condoned.
b) Civil application stands disposed off accordingly.
(K.K.TATED, J.) Sneha Chavan 2/2