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Bombay High CourtIA/15863/2024allowed

D G Lands Developers Private Limited v. Muthyala Venkata Brahama Vara Prasad

2025-02-12Hon'Ble Ms. Justice Gauri Godse2 pages

37-IA-15683-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15863 OF 2024 WITH INTERIM APPLICATION NO. 15864 OF 2024 Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.02.15 14:23:23 +0530 MANGALTAI JAYWANT JADHAV IN SECOND APPEAL (ST) NO. 34211 OF 2024 D. G. Lands Developers Private Limited ... Appellant/Applicant vs.

Muthyala Venkata Brahama Vara Prasad ... Respondent Ms. Usha Rahi a/w Priyanka Tiwari i/b Yatharth Legal for the Appellant/Applicant.

CORAM : GAURI GODSE, J.

DATED : 12th FEBRUARY 2025 ORDER:

INTERIM APPLICATION NO. 15863 OF 2024 :

1.

This application is for condonation of delay in filing the second appeal.

2.

Pursuant to the directions issued by order dated 20th December 2024, the appellant has deposited the amount in this Court. The notices of the application are served upon the respondent. Appearance is filed on behalf of the respondent. However, none appears for the respondent to oppose the reasons in the application for condonation of delay.

37-IA-15683-2024.doc 3.

Learned counsel for the applicant submits that the reasons for delay are explained in paragraph Nos.5 to 10 of the application. 4.

I have perused the reasons. There is no reply filed raising any objection to the reasons. I see no reason to disbelieve, the grounds raised in the application for condonation of delay. 5.

For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (a). The application is disposed of.

6.

Office is directed to register the appeal and list it on 1st April 2025.

7.

To be listed high on board under the caption 'for admission'. 8.

Learned counsel for the appellant, on instructions, submits that the appellant is agreed to resolve the dispute amicably. The parties are, therefore, at liberty to take steps to explore the possibility of amicable settlement before the next date. (GAURI GODSE, J.)