Tukaram Bali Nipane v. Shrirang Krishna Nipane

9 cas 1644-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1644 OF 2014 IN SECOND APPEAL (ST) NO. 18418 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. Vaibhav Gaikwad for the applicant.

Mr. M. S. Athalye for the respondent.

CORAM : K. K. TATED, J.

DATED : 28/10/2015.

P.C.:

.

Heard learned Counsel for the parties.

This Civil Application is preferred by plaintiff for condonation of 93 days delay in filing Second Appeal challenging the judgment and decree dated dated 11.11.2013 passed by the District Judge­3, Satara in Regular Civil Appeal no. 226 of 2011. The learned Counsel for the respondent vehemently opposed the present civil application. He submits that applicant has not shown sufficient cause for condonation of delay. There is no substance in the civil application. Hence, civil application be dismissed with costs.

Sneha Chavan 1/2

9 cas 1644-13=.doc 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, the following order:

a) Delay of 93 days in filing Second Appeal is condoned.

b) Civil application stands disposed off accordingly.

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