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Bombay High CourtCAS/1325/2019allowed

Shri. Chandreshekhar Prabhakar Nargunde And ORS. v. Shri. Shrikirhsna Haribhau Gore

2024-09-23Hon'Ble Ms. Justice Gauri Godse2 pages

52-CAS-1325-2019.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai CIVIL APPLICATION NO. 1325 OF 2019 IN SECOND APPEAL (ST) NO. 21609 OF 2019 Shri Chandrashekhar Prabhakar Nargunde ...

Applicants and Others Vs.

Shri Shrikrishna Haribhau Gore ...

Respondent Mr. Manoj Patil for the Applicants.

Mr. Prajakt M. Arjunwadkar for the Respondent. CORAM : GAURI GODSE, J.

DATE :

23rd SEPTEMBER 2024 ORDER :

1.

This application is for condonation of delay of one year and 27 days in filing the appeal. Learned counsel for the applicants submits that the reasons for the delay and the steps taken for filing the appeal are explained in paragraphs 6 to 9 of the application. Learned counsel for the applicants submits that the delay is unintentional and hence the delay be condoned and the appeal be heard on merits.

by RAJESHWARI RAMESH PILLAI Date: 2024.09.26 18:37:49 +0530 RAJESHWARI RAMESH PILLAI 1/2

52-CAS-1325-2019.docx 2.

Respondent is served and represented through Advocate. Learned counsel for the respondent opposes the application on the ground that the reasons are not acceptable.

3.

I have perused the reasons. The reasons for the delay are explained in detail in the application. The applicants have stated in detail the serious illness about their daughter due to which the applicants were unable to take steps within time. I do not see any reason to disbelieve the reasons stated in the application. The reasons appear to be genuine and justifiable. 4.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clause (a). 5.

Learned counsel for the appellants seeks time to argue the Second Appeal on merits. At his request, list the Second Appeal "For Admission" on 6th December 2024.

[GAURI GODSE, J.] 2/2