Bombay High CourtIA/10897/2024disposed off

Shri. Sukhdev Baburao Nikam v. Shri. Appasaheb K. Bhilore And ANR.

2025-04-29Hon'Ble Shri Justice Shyam C. Chandak2 pages

HEMANT CHANDERSEN SHIV H.C. SHIV 27.ia10897.24.doc HEMANT CHANDERSEN SHIV Date: 2025.04.30 17:05:22 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10897 OF 2024 IN FIRST APPEAL NO.239 OF 2020 Sukhdev Baburao Nikam ...Applicant vs.

Appasaheb K. Bhilore & Anr.

...Respondents

Ms. Gauri Jadhav for the Applicant.

Mr. Pritesh Bohade for Respondent No.1.

CORAM : SHYAM C. CHANDAK, J.

DATE : 29th APRIL 2025 P. C. :

Heard.

2) Present Application seeking condonation of 3 years and 294 days delay in filing this Application and to restore the aforesaid Appeal, by setting aside the conditional order dated 04/10/2019 passed by this Court. 3) Learned Advocate for the Applicant submits that due to pandemic situation the Applicant could not file the private paperbook in time, as per conditional order. However, the pandemic was over much earlier to filing of this Application. The Applicant took his own time to file this Application. Thus, there is no justifiable reason for the delay. However, learned Advocate for the Applicant, on instructions, stated that the Applicant is ready to pay a cost of Rs.3,500/- towards condonation of 1/2

H.C. SHIV 27.ia10897.24.doc delay, within one week from today. Further, the learned Advocate for the Applicant stated that she will file the private paperbook on or before 9th May 2025.

4) In view thereof, the Application is allowed subject to payment of the cost of Rs.3,500/- within a period of one week from today. Said cost be paid to the High Court Employees Medical Welfare Fund at Mumbai. The details are as under :- Account Name : The High Court Employees Medical Welfare Fund at Mumbai Bank Name and Branch : Bank of India, Mumbai (Main) Branch Account No : 000120110001337 IFSC Code : BKID0000001 5) The delay of 3 years and 294 days in filing this Application is condoned.

6) Appeal is restored at the stage, at which it was dismissed. 7) Application stands disposed of.

(SHYAM C. CHANDAK, J.) 2/2