Laxman Dagadu Karande vs Namdeo Dagadu Karande And Ors
2024 Latest Caselaw 1237 Bom

Bombay High Court

Laxman Dagadu Karande vs Namdeo Dagadu Karande And Ors on 17 January, 2024

                                  -1-
                                                         ca10221.23.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

               929 CIVIL APPLICATION NO. 10221 OF 2023
                          IN SAST/23071/2023

Laxman Dagadu Karande                                    ....Applicant

VERSUS

Namdeo Dagadu Karande & others                            .....Respondents
.....
Mr. Sushilkumar Tripathi, Advocate holding for Mr. A. K. Gawali, Advocate
for Applicant
Mr. Umakant Wagh, Advocate for respondent No. 1.

                              WITH
                SECOND APPEAL ST. NO. 23071 OF 2023

                               CORAM : R. M. JOSHI, J.

DATE : 17th JANUARY, 2024.

PER COURT :

1. This application is for condonation of delay of 49 days in

preferring appeal against judgment and decree dated 22 nd February,

2023 in RCA no. 308/2018 whereby judgment of partition passed in

RCS No. 306/2012 dated 30th April, 2018 came to be set aside.

2. Applicant claims that on account of medical emergency

and the difficulties of advocate appearing for the applicant, the

second appeal could not be preferred in time. Learned counsel for

respondent No. 1 opposed the application. None for other

respondents though served.

ca10221.23.odt

3. The applicant has sufficiently explained delay caused in

filing of the present appeal. No malafides can be attributed to the

applicant in not preferring the appeal in time. Hence, application is

allowed in terms of prayer clause 'B'. Appeal be registered.

( R. M. JOSHI) Judge dyb