Apparao Manika Gavate And Another vs Nandu Apparao Gavate And Others
2021 Latest Caselaw 9136 Bom

                                     (1)


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                 908 CIVIL APPLICATION NO.10335 OF 2018
               IN SAST/19124/2018 WITH CA/10336/2018 IN
                             SAST/19124/2018

               APPARAO MANIKA GAVATE AND ANOTHER
                                 VERSUS
                NANDU APPARAO GAVATE AND OTHERS
                                    ...
            Advocate for Applicants : Mr. Deshpande Milind K.;
                       Resp Nos. 1 to 3 are served.
                                   -----
                               CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 13th July, 2021.

PER COURT :-

1. Present application has been filed for condonation of delay caused in filing the Second Appeal.

2. Respondent Nos. 1 to 3 are duly served.

3. The applicants/appellants are original defendants Nos.1 and 2, who want to challenge judgment and decree dated 5.3.2018 passed by the learned Ad hoc District Judge-1, Kandhar in RCA No.22/2016, thereby reversing the judgment and decree dated 2.3.2016 in RCS No.77/2014 passed by learned Civil Judge, Junior Division, Loha, District Nanded. The original suit was for partition and separate possession along with mesne profits.

4. Taking into consideration the reasons mentioned in the application and the fact that the application has gone unchallenged, the delay stands condoned. The application stands allowed and disposed of.

5. Office to verify and register the appeal and place it for further consideration on 4.8.2021.

(SMT. VIBHA KANKANWADI) JUDGE BDV