Shivaji Nivrutti Ranshingare Since Dec Thr His Heirs v. Bharat Shivaji Jagtap

8-wp13473-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13473 OF 2023 Shivaji Nivrutti Ranshingare since deceased through LRs.

... Petitioners V/s.

Bharat Shivaji Jagtap ... Respondent ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2023.11.01 14:25:02 +0530 Mr. Ashish Gaikwad with Ms. Bhavana Khichi-Natuskar i/b y Mr. Ujwal Agandsurve for the petitioners. CORAM : AMIT BORKAR, J.

DATED : NOVEMBER 1, 2023 P.C.:

1.

By the impugned order, the Appellate Court has refused to condone delay in filing appeal under Section 96 of the Code of Civil Procedure, 1908. Such order is deemed to be decree. The petitioner has remedy of filing second appeal. 2.

Hence, the writ petition stands disposed of by granting liberty to the petitioner to file second appeal. (AMIT BORKAR, J.)