Shivaji Vithal Mane vs Bismilla So Habibsab Choudhari Bagwan
2024 Latest Caselaw 1344 Bom

Bombay High Court

Shivaji Vithal Mane vs Bismilla So Habibsab Choudhari Bagwan on 18 January, 2024

2024:BHC-AUG:1072
                                                            916-CA-14827-2023.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 14827 OF 2023
                              IN SAST/21712/2023
                               Shivaji Vithal Mane
                                                                    ....Applicant
                                     VERSUS

                    Bismilla So Habibsab Choudhari Bagwan
                                                    .....Respondent
                                          .....

Mr. N. G. Kale, Advocate for Applicant Mr. R. S. Shinde, Advocate for Respondent ...

                                          CORAM        : R.M. JOSHI, J
                                          DATE         : JANUARY 18, 2024

          PER COURT :

1. This application is for condonation of delay

of 9 days in preferring Second Appeal against judgment

and decree passed in RCA No. 78/2016 dated 15.03.2023

confirming the judgment and decree passed in RCS No.

65/2012.

2. Applicant contends that since the file was

misplaced the Appeal could not be preferred in time.

3. Learned Counsel for the Respondent opposed

application.

3. Considering the reasons given for the

916-CA-14827-2023.odt

condonation of delay and having regard to the delay of

9 days in preferring Appeal, no mala fides can be

attributed to the Appellants in not preferring Appeal

in time. Hence, application stands allowed in terms of

prayer clause 'B'.

(R. M. JOSHI, J.) Malani