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Bombay High CourtCAS/1003/2013allowed

Ishwarpuri Genipuri Gosavi v. 1. Nitin Shivaji Kadam, 2. Pramod Shankar Konde

2013-12-24Hon'Ble Shri Justice K.K. Tated2 pages

8 cas1003-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Mohite CIVIL APPLICATION NO.1003 OF 2013 IN SECOND APPEAL ST.NO.15498 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.P.J.Shinde for the applicant Mr.S.R.Moray i/b Mr.V.S.Talkute for the respondent nos.1 and 2

CORAM

: K.K.TATED, J.

DATE : 24/12/2013 PC:

Heard the learned counsel for the parties.

This application is preferred by original plaintiff for condonation of 10 days delay in preferring Second Appeal against judgment and decree dt.21.01.2013 passed by District Judge-1, Satara in Regular Civil Appeal No.339 of 2007.

The learned counsel for the respondent vehemently opposed the present Civil Application. He states that applicant has not shown sufficient cause for condonation of 10 days delay in preferring 1/2

8 cas1003-13.doc the Second Appeal.

Considering the submissions made by the learned counsel for the applicant and the reasons disclosed in paragraph 7 of the Civil Application, I am satisfied that the applicant has made out a case for allowing the present civil application. Hence, following order:

a. Delay of 10 days in preferring the Second Appeal is condoned.

b. Rule made absolute accordingly.

(K.K.TATED, J.) 2/2