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Bombay High CourtIA/17878/2023allowed

Siddhappa Sharanappa Dhangar @ Pujari v. Channamma Gurunath Sidgandi

2024-09-18Hon'Ble Ms. Justice Gauri Godse2 pages

20-IA-17878-2023.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai INTERIM APPLICATION NO. 17878 OF 2023 WITH INTERIM APPLICATION NO. 17877 OF 2023 IN SECOND APPEAL (ST) NO. 23266 OF 2023 Siddhappa Sharanappa Dhangar @ Pujari ...

Applicant Vs.

Channamma Gurunath Sidgandi and Others ...

Respondents Mr. Pradeep Salgar for the Applicant.

Mr. Akshay Naidu a/w. Mr. Vishwanath Patil for the Respondents. CORAM : GAURI GODSE, J.

DATE :

18th SEPTEMBER 2024 ORDER :

1.

This application is for condonation of delay of 39 days in filing application. Learned counsel for the applicant submits that the applicant being a senior citizen and not very technology friendly, she was unable to take immediate steps to find out the status of the appeal before the district court. He thus submits that after certified copies were received, some time was taken to engage Advocate and take by RAJESHWARI RAMESH PILLAI Date:

2024.09.23 16:39:06 +0530 RAJESHWARI RAMESH PILLAI 1/2

20-IA-17878-2023.docx steps to file appeal. He further submits that the reasons for the delay and the steps taken to file the appeal are explained in paragraphs 6 to 9 of the application.

2.

Learned counsel for the respondents opposes the delay condonation application on the ground that vague reasons are given in the application. He submits that deliberately no steps were taken within time to file appeal. He submits that the reasons mentioned in the application are not justifiable.

3.

I have perused the application. The reasons stated in the application are acceptable and justifiable. I do not see any reason not to accept the explanations stated in the application. 4.

Hence, for the reasons stated in the application delay of 39 days in filing the Second Appeal is condoned. Application is allowed in terms of prayer clause (a) and (b).

5.

Office is directed to register the Second Appeal and list it for "Admission" on 10th December 2024.

[GAURI GODSE, J.] 2/2