Mr. Suresh Rohidas Sonule v. Shree. Markandeya Padmashali Co. Op. Housing Society Limited

by VARSHA VIJAY RAJGURU Date:

2025.07.29 14:50:41 +0530 VARSHA VIJAY RAJGURU 19-ia-10046-2025-aost-19143-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10046 OF 2025 IN APPEAL FROM ORDER(ST) NO. 19143 OF 2025 Mr. Suresh Rohidas Sonule ... Applicant/Appellant vs.

Shree Markandeya Padmashali Cooperative Housing Society Ltd ... Respondent Mr. Santraj Rampyare for Applicant/Appellant. Mr. Mohit H. Sant for Respondent No.2.

CORAM : GAURI GODSE, J.

DATED : 28th JULY 2025 ORDER:

1.

This application is for condonation of delay of 22 days in filing the appeal.

2.

Learned counsel for the applicant submits that respondent no.2, i.e. the cooperative society has filed a praecipe in the suit supporting the plaintiff; therefore, the contesting party would be only respondent no. 2. Learned counsel appearing for respondent no.2 opposes the delay condonation application on the ground that vague reasons are given for condonation of delay that the applicant's advocate had proceeded to the native place for attending Page no. 1 of 2

19-ia-10046-2025-aost-19143-2025.doc marriage of his niece. He submits that the appeal is filed by two advocates jointly and thus, the reasons stated in the application would not be tenable.

3.

I have perused the papers of the application. The particulars regarding the absence of the advocate are stated in the application and the copy of the railway tickets is annexed and particulars regarding attending marriage in the village are also stated. Considering the particulars mentioned in the application, the reasons given for condonation of delay are acceptable and justifiable. The objections raised on behalf of respondent no.2 regarding signing of the appeal by two advocates cannot be considered as a ground to disbelieve the reasons stated in the application. The delay is negligible of 22 days. Hence, for the reasons stated in the application, the delay is condoned and the application is allowed in terms of prayer clause (a). 4.

Learned counsel for respondent no.2, seeks time to take instructions regarding the merits of the appeal. 5.

List the appeal on 16th September 2025. To be listed under the caption for 'fresh admission'.

(GAURI GODSE, J.) Page no. 2 of 2