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Bombay High CourtCAS/1102/2019

Gokul Bhiku Kumbhar Thr. C.A. Shri. Gajanan Gokul Kumbhar v. Smt. Godu Gulab Kumbhar (D/H) Dattatrya Maruti Kumbhar And ORS.

2020-02-26Hon'Ble Smt. Justice S.S. Jadhav2 pages

47.cas.1102.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1102 OF 2019 IN SECOND APPEAL (ST) NO. 33434 OF 2017 Gokul Bhiku Kumbhar ... Applicant/appellant V/s.

Smt. Godu Gulab Kumbhar ... Respondent ------------------- Ms. Darshana Kambli I.by Mr. Prabhanjan Gujar for the applicant. Ms. Nazia S.A. Shaikh I.by Mr. Pradeep J. Thorat for the respondent no. 1A.

--------------------- CORAM : SMT. SADHANA S. JADHAV, J DATED : 26th FEBRUARY 2020 P.C. :

.

This is an application seeking condonation of delay in filing the second appeal. There is a delay of 139 days in filing the second appeal. The learned counsel for the respondent vehemently submits that the applicant herein has not offered any plausible explanation for the inordinate delay in filing the second appeal. Therefore, it is prayed that the application be rejected. However, for the reasons assigned in paragraph nos. 21 and 22, the delay of 139 days deserves to be condoned in the interest of justice on depositing a cost of Rs. 500 to be paid to the Maharashtra State Legal Services Authority within two weeks from today.

varsha

47.cas.1102.19.doc 2.

The application is allowed in terms of prayer clause (a) and stands disposed of.

(SMT. SADHANA S. JADHAV, J) varsha