The single judge allowed a civil application filed to condone a 35-day delay in filing a second appeal. The court accepted the applicant's illness as the cause for delay and directed registration of the appeal.
Delay of 35 days in filing second appeal is condoned based on medical certificate; application allowed and disposed of.
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907-ca-7225-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
907 CIVIL APPLICATION NO.7225 OF 2020 IN SAST/34447/2018
HARIBHAU BABURAO DOLSE
VERSUS
ANIL VINAYAK DESHMUKH
Advocate for Applicant : Mr. Yogesh Kale h/f Mr. Karpe Rahul R.
Advocate for Respondents : Mr. K. N. Bhosale h/f Mr. A. T. Kanawade
CORAM:SMT. VIBHA KANKANWADI, J.
DATE: 26.11.2021
ORDER:-
.Present application has been filed for getting the delay of 35 days
condoned in filing second appeal.
2.The applicant contends that due to his illness, he was taking
treatment between 02.10.2018 to 20.10.2018 and, thereafter, further,
time is consumed to contact the Advocate and preparation of the second
appeal.
3.Learned Advocate Mr. Yogesh Kale holding for learned Advocate
Mr. R. R. Karpe for the applicant has made submissions in respect of the
application, whereas learned Advocate Mr. K. N. Bhosale holding for
learned Advocate Mr. A. T. Kanwade has strongly objected the
(1)
907-ca-7225-2020.odt
application.
4. Taking into consideration the duration of the delay and the medical certificate that is attached, lenient view is taken. Delay stands condoned.
5. Application stands allowed and disposed of.
6. Registry to verify and register the second appeal.
[SMT. VIBHA KANKANWADI, J.]scm
(2)
1 issue framed by the court
Whether the delay of 35 days in filing the second appeal should be condoned given the applicant's illness.
HARIBHAU BABURAO DOLSE
ANIL VINAYAK DESHMUKH
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court