Bombay High Court
Mr. Nikhil Rajaram Kongnolikar And Ors vs Mrs. Preeti Sameer Bansode And Anr on 21 June, 2019
Author: M. S. Karnik
Bench: M. S. Karnik
Pradnya Bhogale 1 13 caast 8257-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION (ST.) NO.8257 OF 2019
IN
APPEAL FROM ORDER (ST.) NO.8253 OF 2019
Nikhil Rajaram Kongnolikar & Ors. ... Applicants
Versus
Preeti Sameer Bansode & Anr. ... Respondents
.....
Mr. S.D. Patil I/b. Kiran B. Bhagat for applicants.
Mr. S.R. Ronghe for Respondents.
.....
CORAM : M. S. KARNIK, J.
DATE : 21st JUNE, 2019. P. C.:
1. Heard learned counsel for the applicants.
2. This is an application for condonation of delay of 246 days in filing the Appeal From Order.
3. It is pointed out that against the impugned order dated 9.4.2018, the applicant inadvertently filed Appeal before the District Court on 27.04.2018. Thereafter the Appeal was allowed to be withdrawn by an order dated 14.01.2019 with liberty to file Appeal before this Court. The present Appeal is filed on 13.04.2019.
4. Learned counsel for the respondents vehemently opposed the application. According to him there is no justification 1 of 2 ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 14:50:00 ::: Pradnya Bhogale 2 13 caast 8257-19.doc given by the respondents as to what prevented the applicants from filing the Appeal immediately after the same was allowed to be withdrawn on 14.01.2019. In the application it is stated that the certified copy was received only on 7.2.2019 and therefore the Appeal was filed as expeditiously as possible.
5. I am satisfied with the reasons mentioned in the application for condonation of delay. The delay is condoned. The application is allowed in terms of prayer clause (b).
6. Civil Application is disposed of.
7. Place the Appeal on 10.07.2019.
( M. S. KARNIK, J. ) 2 of 2 ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 14:50:00 :::