The Bench heard counsel and perused affidavits regarding condonation of delay in filing two Appeals. The court held that there was no inaction, negligence, or lack of bonafide and made both Notices of Motion absolute.
Both Notices of Motion made absolute for condonation of delay in filing Appeals.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.54 OF 2007
IN
APPEAL (L) NO.1000 OF 2006
IN
NOTICE OF MOTION NO.94 OF 2006
IN
NOTICE NO.64 OF 2006
Smt.Hirakani Sanatkumar Dixit & Ors. .. Appellants
V/s
Shri.Ramchandra Ganpat Nimbalkar & Anr. .. Respondents
WITH
NOTICE OF MOTION NO.55 OF 2007
IN
APPEAL (L) NO.1001 OF 2006
IN
NOTICE OF MOTION NO.93 OF 2006
IN
NOTICE NO.63 OF 2006
Smt.Hirakani Sanatkumar Dixit & Ors. .. Appellants
V/s
Shri.Ramchandra Ganpat Nimbalkar & Anr. .. Respondents
Mr.J.P.Sen with Ms.Shashikala Sharma i/by Mr.Yogesh
N.Adhia for the Appellants.
Mr.A.G.Damle for Respondent No.1.
Appellant No.2 present in Court.
Respondent No.1 present in Court.
CORAM : DR.S.RADHAKRISHNAN&
J.P.DEVADHAR, JJ.
DATE : 13th February, 2007.
P.C.:
. Heard the learned Counsel for the parties. Perused
the affidavits in support of both the Notices of Motion.
For the reasons stated therein, sufficient cause is made
out for condonation of delay caused in filing the
Appeals. There is no inaction, negligence or want of
bonafide on the part of the Appellants. Hence, both the
aforesaid Notices of Motion are made absolute in terms
of prayer clauses (a) respectively.
(J.P.DEVADHAR, J.) (DR.S.RADHAKRISHNAN,J.)
2 issues framed by the court
Whether sufficient cause existed for condonation of delay in filing Appeals.
Whether Notices of Motion for time limit condonation should be made absolute.
Smt.Hirakani Sanatkumar Dixit & Ors.
Shri.Ramchandra Ganpat Nimbalkar & Anr.
S.Radhakrishnan
J.P.Devadhar
As recorded by the court registry
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