The High Court allowed an application for condonation of delay, finding sufficient cause for the 47-day lapse in filing a second appeal despite the unavailability of respondents.
Application for condonation of delay allowed; delay hereby condoned.
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6(1) CAS-1665-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1665 OF 2019
IN
SECOND APPEAL (ST) NO. 149 OF 2019
Babasaheb Krishna Mane (since Deceased)…Applicants/
Through His LRS Fulabai Babaso Mane And Ors.…Appellants
Versus
Shivaji Dyanu Patil and Ors.…Respondents
*****
Ms. Divya Arvind Pawar, for Applicants.
None for Respondents.
*****
Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2024.02.14 13:17:25 +0530
CORAM : M.M. SATHAYE, J.
DATE : 12th FEBRUARY 2024
P.C. :
. Heard learned counsel for the Applicants.2. This is an application for Condonation of Delay of 47 days in filing the present second appeal. Office notice shows that all the Respondents are served. Despite that, nobody appears for the Respondents. No reply is filed opposing the application.
3.In that view of the matter, considering the extent of delay and
averments made in the application which are uncontroverted,
sufficient cause is made out. The application is allowed in terms of
prayer clause (a). Delay is condoned.
4.All concerned to act on duly authenticated or digitally signed
copy of this order.
Page 1 of 1
Husen
1 issue framed by the court
Whether sufficient cause existed to condone a delay of 47 days in filing a second appeal.
Babasaheb Krishna Mane
Shivaji Dyanu Patil
M.M. Sathaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court