Hanumant Keshav Atakare And Ors vs Dattu Namdeo Ghodake
2022 Latest Caselaw 4817 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.05.07
             16:15:43 +0530




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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                CIVIL APPLICATION NO.184 OF 2019
                                                             ALONG WITH
                                                CIVIL APPLICATION NO.185 OF 2019
                                                                    IN
                                             SECOND APPEAL (STAMP) NO.31972 OF 2018


                                   Hanumant Keshav Atakare & Ors.            ]   ...          Applicants

                                                Vs.

                                   Dattu Namdeo Ghodake                      ]   ...         Respondent


                                                                  ...
                                   Mr. Shikur Gafur Kudle for the applicants.

                                   Mr. Samir Kumbhakoni for the respondent.
                                                                 ...

                                                            CORAM : SMT. BHARATI DANGRE, J.

                                                            DATED        : 05TH MAY, 2022.

                                   P.C. :-

1. By the present application, the applicants seek condonation of delay of 23 days in instituting the appeal, challenging the judgment and decree dated 30/06/2018 in Regular Civil Appeal

AJN 2/2 13 CAS-184.19.odt

No.109 of 2016 at the instance of District Judge-3, Solapur.

2. Heard the learned counsel Mr. Kudle for the applicants and perused the application.

3. Paragraph No.2 of the application sets out the reasons for the delay and pleads that substantial legal injury would be caused to the applicants if the delay is not condoned. In the wake of the valid reasons set out in the application, the application deserves to be allowed and is made absolute in terms of prayer clause (a).

SECOND APPEAL (STAMP) NO.31972 OF 2018

4. The Registry is directed to register the appeal.

5. Issue notice to the respondent, making it returnable on 15/06/2022.

6. Mr. Kumbhakoni, the learned counsel waives service of notice on behalf of the respondent and seeks some time to respond to the second appeal as well as the application for grant of stay.

7. List the appeal on 15/06/2022.

[SMT. BHARATI DANGRE, J.]

AJN