Appellate court dismissed appeal challenging rejection of condonation of delay in restoring a default-dismissed appeal, relying on appellants' acquiescence in execution proceedings.
Appeal and civil application dismissed.
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kishor 1/2 914 AO 238 of 16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.238 OF 2016 WITH CIVIL APPLICATION NO.38 OF 2017
Annappa Laxman Wadar since deceased by legal heirs Shrikant Annappa Wadar & Ors. … Appellants Versus Housabai Mahadev Wadar since deceased by legal heirs Dagdu Mahadev Nagavkar & Ors. … Respondents
Mr. Sandeep S. Koregave, for Appellants. Mr. Vijay Killedar, for Respondent. Mr. Nikhil Pawar for Respondent No.3A.
CORAM : SANDEEP V. MARNE, J. DATE : 06 DECEMBER 2023.
P. C.:
. By this Appeal Appellant challenges Order dated 01 September 2015 passed by the Additional District Judge-1, Kolhapur rejecting Application for condonation of delay in filing Application for restoration of the Appeal. I have heard Mr. Koregave, the learned counsel appearing for Appellant and Mr. Killedar, the learned counsel appearing for Respondent.
kishor 2/2 914 AO 238 of 16.doc
SANDEEP V. MARNE, J.
1 issue framed by the court
Whether condonation of delay in filing an application for restoration of an appeal being dismissed for default by virtue of acquiescence in execution proceedings should be granted.
Shrikant Annappa Wadar & Ors.
Dagdu Mahadev Nagavkar & Ors.
Sanjeev V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
