Shivaji Krishna Parit v. Krishna Sattu Patil

56-CAS-1338-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1338 OF 2018 WITH Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2024.09.19 14:43:00 +0530 MANGALTAI JAYWANT JADHAV CIVIL APPLICATION NO. 1339 OF 2018 IN SECOND APPEAL (ST) NO. 24490 OF 2018 Shivaji Krishna Parit ... Applicant vs.

Krishna Sattu Patil ... Respondent Mr. Suresh M. Kamble i/b V. N. Gopal for the Applicant. CORAM : GAURI GODSE, J.

DATED : 10th SEPTEMBER 2024 ORDER:

1.

This application is for condonation of delay of 331 days in filing the second appeal.

2.

Leaned counsel for the appellant submits that due to illhealth and financial constraints, the appellant was unable to take necessary steps to file the second appeal. Therefore, he submits that delay be condoned and the appeal be heard on merits. 3.

Respondents are served and represented through their advocate. However, none appears for the respondents. There is no

56-CAS-1338-18.doc reply filed to oppose reasons stated in the application. 4.

I have perused the application. The reasons stated in the application are condonable.

5.

For the reasons stated in the application, delay is condoned, the application is allowed in terms of prayer clause (a). 6.

Learned counsel for the appellant seeks time to argue the second appeal on merits.

7.

Office is directed to register the second appeal and list it under the caption "for urgent admission" on 9th December 2024. (GAURI GODSE, J.)