Single Judge allowed Civil Application seeking time exclusion for delay in filing appeal. Period pending apex of writ petition was excluded as applicant had withdrawn writ with liberty to file appeal.
Civil application allowed; time excluded for filing appeal.
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ca12144.11
1
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION NO. 12144 OF 2011 WITH
APPEAL FROM ORDER ST. NO. 9373 OF 2011
(Ramdas Shivram Chaudhary thr. GPA Vs. Sojabai Babulal Chaudhary)
Office Notes,Office MemorandaCourt's or Judge's orders
of Coram,appearances, Court's
orders or directions andCORAM : M.T. JOSHI,J.
Registrar's ordersDATED : 17.10.2013
Mr.M.H. Patil, Advocate for the
applicant.
Mr.S.P. Tiwari h/f. Mr. N.L. Choudhari,
Advocate for sole respondent.
1.Heard both the sides. In-
fact,presentapplicationfor
condonation of delay is for seeking
exclusion of the time, as record shows
that present applicant was prosecuting
writ petition against the order,
against which the appeal from order
lies. In the circumstances, he
withdrew the writ petition with liberty
to file appeal from order. As the writ
petition was filed within the period of
limitation required for the filing
2 ca12144.11
appeal from order, the period is
excluded. The civil application is
accordingly allowed.
2.Office to register the appeal
from order, as per due procedure.
3.Upon registration, learned
Counsel for the respondent waives
notice.
4.Learned Counsel for the
applicant/appellant to supply copy of
appeal memo to the learned Counsel
appearing for the respondent.
[M.T. JOSHI,J.]
snk /2013/OCT13/ca12144.11
1 issue framed by the court
Whether condonation of delay is permissible for seeking exclusion of time while prosecuting the writ petition against the impugned order.
Ramdas Shivram Chaudhary
Sojabai Babulal Chaudhary
M.T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court