Smt. Sushila Balaso Gare v. Shri. Jagannath Kisan Patil

27-caf2968-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2968 OF 2019 IN FIRST APPEAL (STAMP) NO.23876 OF 2019 Sushila B. Gare ...Applicant V/s.

Jagannath K. Patil & Ors.

...Respondents

Mr.Nagesh Y. Chavan for the Applicant.

Mr.Makarand M. Kale for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 21ST NOVEMBER, 2019.

P.C. :- 1.

There is delay of 58 days according to the applicant, though prayer clause (a) shows 89 days in filing the first appeal. The application is opposed by the learned counsel appearing for the respondent no.1 on the ground that the delay is not sufficiently explained in the civil application.

2.

Heard learned counsel for the parties and have perused the averments made in paragraphs 5, 6 and 8 of the civil application. In my view, the delay is sufficiently explained in those paragraphs of the civil application. The reasons recorded therein are accepted. 3.

The civil application is made absolute in terms of prayer clause (a). There shall be no order as to costs. (R.D. DHANUKA, J.) 1/1