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Bombay High CourtCAS/1075/2014allowed

Dhondiram Maruti Harale v. Sou. Ratanabai Devrao Lakade And Others

2015-09-01Hon'Ble Shri Justice K.K. Tated2 pages

31 cas 1075-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1075 OF 2014 IN SECOND APPEAL (ST) NO. 15658 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. M.A. Patil for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 01/09/2015.

P.C.:

.

Heard learned Counsel for the applicant.

Though the respondents are duly served, no one appeared on behalf of respondents.

This Application is preferred by the plaintiff for condonation of 1 year and 131 days delay in filing the Second Appeal challenging the judgment and decree dated 25.10.2012 passed by the learned District Judge­2, Solapur in Regular Civil Appeal no. 138 of 2011.

Considering the submissions made by the learned counsel for the Applicant and the reasons Sneha Chavan 1/2

31 cas 1075-14=.doc disclosed in paragraph 5 of the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. But at the same time, applicant to pay cost of Rs.2500/­ to the respondents.

Hence, the following order:

a) Delay of 1 year and 131 days in filing Second Appeal is condoned.

b) Applicant either to pay sum of Rs.2,500/­ by way of cost to the respondents and/or to deposit the same in the Registry of this court within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2