Application for condonation of a 138-day delay in filing a second appeal; respondent served but unrepresented. Court found sufficient cause in the extent of delay and uncontroverted averments and condoned the delay.
Delay of 138 days in filing the second appeal condoned; interim application allowed in terms of prayer clause (a).
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Digitally signed by ANANT ANANT KRISHNA KRISHNA NAIKDate: NAIK 2024.02.17 16:07:45 +0530
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15.IA.3442.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3442 OF 2020 IN
SECOND APPEAL (ST) NO. 5136 OF 2020
Anil Jagannath Chavan ...Applicant
Versus
Jagannath Pandharinath Chavan ...Respondent
Mr. Dilip Bodake for the Applicant
CORAM : M. M. SATHAYE, J.
DATED :16th FEBRUARY, 2024
P.C.:
1. This is an Application for condonation of delay of 138 days in filing
the above Second Appeal. Heard learned Counsel for the Applicant.2. Office note shows that sole Respondent is served. Nobody appears for
the Respondent. No Reply is filed.
3. Considering the extent of delay and uncontroverted averments in the
Application, sufficient cause is made out. The Interim Application is allowedin terms of prayer clause (a). Delay is condoned.4. All concerned to act on duly authenticated or digitally signed copy of
this order.
(M. M. SATHAYE, J.)
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akn
1 issue framed by the court
Whether the delay of 138 days in filing the Second Appeal should be condoned.
Anil Jagannath Chavan
Jagannath Pandharinath Chavan
M. M. Sathaye
As recorded by the court registry
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