Nayan Rajaram Chipare And ANR v. Rajaram Bharmu Chipare And ORS

6-wp-8497-2023.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8497 OF 2023 SHABNOOR AYUB PATHAN Nayan Rajaram Chipare & Anr.

... Petitioners V/s.

Rajaram Bharmu Chipare & Ors.

... Respondents SHABNOOR AYUB PATHAN Date: 2025.01.24 16:15:08 +0530 Mr. Umesh Mankapure for petitioners.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 24, 2025 P.C.:

1.

The order impugned rejected an application for condonation of delay in filing the appeal under Section 96 of the Code of Civil Procedure, 1908, such order has force of decree. Hence, remedy is to the petitioner to file second appeal.

2.

The writ petition is, therefore, dismissed with liberty to the petitioner to file second appeal.

3.

The period spent in bonafide prosecuting the present petition needs to be sympathetically considered by the appropriate Court while considering the application for condonation of delay. (AMIT BORKAR, J.)