Sanjay Sangram Pomde vs Laxmibai Ganpati Pawade And ...
2021 Latest Caselaw 10565 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                     922 CIVIL APPLICATION NO.5658 OF 2017
                               IN SAST/13978/2017


                                   SANJAY SANGRAM POMDE
                                          VERSUS
                     LAXMIBAI GANPATI PAWADE AND OTHERS
                                            ...
                 Mr. S.S. Gangakhedkar, Advocate for the applicant
     Mr. Gajanan Kadam, Advocate for respondent Nos.1 and 2 - absent
                                            ...

                                       CORAM :     SMT. VIBHA KANKANWADI, J.

                                       DATE :      06th AUGUST, 2021.


PER COURT :



1              Heard learned Advocate appearing for the applicant. Learned

Advocate for respondent Nos.1 and 2 is absent. Respondent No.3 was served.

2 Present application has been filed for getting delay of 39 days

condoned in filing Second Appeal. Present appellant is the original

defendant, who intends to challenge the Judgment and Decree passed by

learned Adhoc District Judge-1, Nanded on 09.12.2016 in Regular Civil

Appeal No.162/2012, thereby allowing the appeal filed by the present

respondents-original plaintiffs and consequently setting aside Judgment and

2 CA_5658_2017

order passed in Special Civil Suit No.136/2007 dated 14.12.2009, by Civil

Judge Junior Division, Nanded, dismissing the suit. The reasons those have

been given in para No.21 have gone unchallenged on record. Though they

may not be strictly convincing, yet, taking liberal view the delay stands

condoned. Application stands allowed and disposed of. Registry to verify

and register the Second Appeal and place it for further consideration on

03.09.2021.

( Smt. Vibha Kankanwadi, J. )

agd