Bhooshan Prabhakar Bandiwadekar ... vs Pradip Parshuram Tondvalkar And ...
2023 Latest Caselaw 3956 Bom

2023:BHC-AS:12165
                                                             908 IA 20611.22 in SAst 18803.22.doc


                    Dusane

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.20611 OF 2022
                                                IN
                              SECOND APPEAL (St.) NO.18803 OF 2022
                                                 WITH
                               INTERIM APPLICATION NO.20612 OF 2022


                    Bhooshan Prabhkar Bandiwadekar             ...Appellants
                    & Ors.

                            V/s.
                    Pradip Parshuram Tondvalkar & Ors. ...Respondents


                    Ms. Kavita M. Pawar for the Appellants/Applicants.

                                                CORAM: MADHAV J. JAMDAR, J.

DATE: 20th APRIL 2023

P.C.:

1. This Interim Application is taken out for condonation of

delay in filing the Second Appeal.

2. The Second Appeal is filed challenging the judgment and

decree dated 18th December 2021 passed by the learned

Principal District Judge, Sindhudurg-Oros in Regular Civil Appeal

No. 62 of 2012. The Second Appeal alongwith the Interim

Application seeking condonation of delay is filed on 29 th July

2022.

908 IA 20611.22 in SAst 18803.22.doc

3. Due to Covid-19 pandemic, the Supreme Court has

suspended the limitation period from 15th March 2020 till 28th

February 2022. Even if said period is excluded, there is some

delay in filing the Second Appeal. However, Advocate, Ms. Kavita

Pawar, learned Counsel appearing for the Applicants seeks

withdrawal of the Second Appeal alongwith the Interim

Application to file appropriate proceedings.

4. Leave aforesaid is granted.

5. She further states that the matter is before the learned

Trial Court today.

6. The learned Trial Court is requested to grant an

adjournment beyond 12th June 2023.

7. The Second Appeal alongwith the Interim Application is

allowed to be withdrawn as aforesaid with no order as to costs.

8. In view of disposal of the Second Appeal, nothing survives

in the Interim Application, and the same is also disposed of.

(MADHAV J. JAMDAR, J.)