Single Judge allowed an application for condonation of 42 days delay in filing a Second Appeal. The court accepted the explanation that counsel took advice from the lower court advocate before filing.
Condonation of delay of 42 days in filing the present Appeal.
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1 911 cas 699.12 in sa st 9316.12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 699 OF 2012 IN
SECOND APPEAL (STAMP) NO.9316 OF 2012
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. Vaibhav Gaikwad i/b Mr.Ashutosh M. Kulkarni for the Applicant. Mr. Manoj A. Patil for Respondent no.1. Mr. Akshay Shinde for Respondent no.2.
CORAM : K.K.TATED, J. DATE : 10/08/2012
PC :
1 Heard the learned counsel for the parties.
2 This Civil Application is preferred by original Defendant no.4 for condonation of 42 days delay in preferring the Second Appeal against the judgment and decree dated 11th November, 2011 passed by the lower Appellate Court in Regular Civil Appeal no.227 of 2009.
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2 911 cas 699.12 in sa st 9316.12.doc
3 Leave to amend the prayer clause (b) of the present Civil Application.
4 The learned counsel for the Applicant states that in taking advise from the lower court’s advocate, there is a delay in preferring the present Civil Application.
5 On the other hand, the learned counsel appearing on behalf of the Respondents vehemently opposed the present Civil Application. He states that the Applicant has not disclosed sufficient reasons to condone the delay of 42 days in preferring the present Civil Application.
6 Considering the submissions made by the learned counsel for the Applicant and the averments made in paras 8 and 9 of the Civil Application, I am satisfied that the Applicant has made out case for condonation of delay in preferring the Civil Application. Civil Application is allowed in terms of prayer clause (b) which reads thus:
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3 911 cas 699.12 in sa st 9316.12.doc
“b) to condone the delay of 42 days in filing the present Appeal and to hear the same on its won merits.”
7 Civil Application is disposed of accordingly.
(K.K.TATED, J.)
katkam
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1 issue framed by the court
Whether the delay of 42 days in filing the Civil Application for condonation should be condoned given the advice taken from the lower court's advocate.
Applicant (Original Defendant no.4)
Respondent no.1
Respondent no.2
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
