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Bombay High CourtCAS/245/2019disposed off

Shri.Harischadra Daji Dhuri And Others v. Shri.Babaji Gangaram Dhuri And Others

2019-08-19Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 18.cas-245.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.245 OF 2019 IN SECOND APPEAL (ST.) NO.24105 OF 2018 Harishchandra Daji Dhuri ..

Applicant Vs.

Babaji Gangaram Dhuri & Ors.

..

Respondents --- Mr.Vivek V. Salunke for the applicant.

None for the respondents.

--- CORAM : R.D.DHANUKA, J.

DATE : 19th August 2019 P.C.:

.

Mr.Salunke, learned counsel for the applicant states that contesting respondent no.1 (original plaintiff) has been served with a copy of this civil application. Notice is also served upon the original plaintiff through his advocate. None appears for the original plaintiff when the matter was called out.

2.

By this civil application, the applicant seeks condonation of delay in filing second appeal.

3.

Heard Mr.Salunke, learned counsel for the applicant and I have perused the averments made in the civil application. In my view,

ppn 2 18.cas-245.19.doc the applicant has made out a case for condonation of delay. For the reasons recorded in the civil application, the civil application is made absolute in terms of prayer clause (a). No order as to costs. R.D.DHANUKA, J.