Rajendra Chandrakant Mohite And ... vs Bhaskar Bhanudas Unde And Others
2021 Latest Caselaw 15593 Bom

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                    WRIT PETITION NO.12112 OF 2021
     (Rajendra Chandrakant Mohite and others Vs. Bhaskar Bhanudas Unde
                                and others)

                                       .....
                  Mr. Rahul A. Tambe, Advocate for the petitioners
                                       .....
                                  CORAM : MANGESH S. PATIL, J.

DATE : 28.10.2021

PER COURT :

Heard.

2. The petitioners are the original defendants, who had preferred a counter claim. The suit was dismissed and the counter claim was decreed by the judgment and order dated 13.08.2017. The plaintiffs subsequently filed a suit impugning the judgment and decree passed in the counter claim. They subsequently withdrew it and preferred an appeal with an application for condonation of delay of 1047 days. The Appellate Court has condoned the delay by granting benefit to the respondent/ plaintiff of Section 14 of the Limitation Act and excluded the time spent by them in prosecuting the suit.

3. Issue notice, returnable on 23.12.2021. Till then, the impugned order shall stand stayed.

[MANGESH S. PATIL] JUDGE

npj/WP12112-2021.odt