Vasantrao S/O Baburao Kate vs Smt. Smitatai Vinayakrao Bhise ...
2021 Latest Caselaw 15456 Bom

10cas 576.2021.odt.                                                                                              1/2


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                           CIVIL APPLICATION (CAS) NO. 576/2021 IN
                            SECOND APPEAL STAMP NO. 10396/2020
       Vasantrao s/o Baburao Kate V/s Smt Smitatai Vinayakrao Bhise and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                  Shri S.V. Sohoni, Advocate for the appellant.
                  Shri D.R. Bhoyar, Advocate for the Respondent No.1.

                 CORAM : S.M. MODAK, J.
                 DATE  : 27/10/2021.

                                     Heard learned Advocate for the appellant/defendant
                 No.1/judgment            debtor and           learned Advocate for respondent
                 No.1/Original plaintiff.
                                     There is a possession decree passed against the present
                 appellant. His First Appeal was dismissed. There is a delay of 44 days
                 in preferring Second Appeal.
                                   The First Appellate Court decided the appeal on
                 29/02/2020. The appeal could not be filed in time, as the Lockdown
                 was in force. The appellant is protected as per the direction passed by
                 the Hon'ble Supreme Court in Suo-motu writ petition. The learned
                 Advocate for respondent No.1 appeared on Caveat. He has opposed
                 the prayer. I am convinced that delay needs to be condoned.
                                   Hence, the order:
                                                             ORDER

1] The delay caused in preferring the Second Appeal is condoned.

2] Second Appeal be registered.

10cas 576.2021.odt. 2/2

SECOND APPEAL STAMP NO. 10396/2020

As respondent No.1 has already filed Caveat, he waives notice of this appeal. Copy of the appeal memo and annexures are already supplied to the learned Advocate for respondent No.1.

Matter be fixed for hearing on admission on 26/11/2021.

JUDGE

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