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Bombay High CourtCAF/2446/2016disposed off

Smt. Sunnanda Subhash Rathod And ORS. v. Smt. Sushila Subhash Rathod And ORS.

2019-09-30Hon'Ble Shri Justice K.K. Tated2 pages

39-CAF-2446-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2446 OF 2016 IN FIRST APPEAL ST. NO. 35615 OF 2015 Smt. Sunnanda Subhash Rathod & Ors.

.... Applicants V/s.

Smt. Sushila Subhash Rathod & Ors.

... Respondents .......

Mr. Prasad B. Kulkarni Advocate for Applicants.

CORAM

: K.K.Tated, J.

DATE : 30th September, 2019 P.C. :

1.

Heard learned counsel for the applicants.

2.

Though, the respondents are duly served, no one appeared on behalf of them, when the matter called out.

3.

By this Civil Application, the Applicants/claimants are seeking condonation of 17 days delay in filing the First Appeal challenging the judgment and decree dated 1st September, 2015 passed by the Learned 4th Joint Civil Judge, Senior Division, Solapur in Civil Misc. Application No. 360 of 2012.

4.

Considering the submissions made by the learned counsel for the Applicant and averment made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing this Civil Sajakali Jamadar

39-CAF-2446-2016.doc Application. Hence, the following order is passed. : ORDER :

a) Delay in filing the First Appeal is condoned. b) Civil Application stands disposed of accordingly. c) No order as to costs.

(K.K.Tated, J.) Sajakali Jamadar