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2025 DAILYLAW 69119 (BOM)

SUMAN SHIVRAJ SWAMI AND ANOTHER v. SANTOSH SHIVRAJ SWAMI AND OTHERS

CA/2049/2017 · 2025-11-03

Shri Shailesh P Brahme

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

63 CA 2049 OF 2017.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 63 CIVIL APPLICATION NO. 2049 OF 2017 IN SAST/2555/2017 SUMAN SHIVRAJ SWAMI AND ANOTHER VERSUS SANTOSH SHIVRAJ SWAMI AND OTHERS ... Advocate for Applicant : Mr. Thombre Chandrakant V. Advocate for Respondent nos. 2 & 3 : Mr. R.V. Gunale h/f Mr. V.D. Gunale ... CORAM : SHAILESH P. BRAHME, J. DATE : 03.11.2025 PER COURT : This Civil Application is for condonation of 223 days in preferring Second Appeal. The learned counsel Mr. Thombre appearing for the applicants submits that applicant no. 2 is legal heir of applicant no. 1 and no separate steps are required to be taken. 2. I have gone through the contents of the application for condonation of delay as well as affidavit in reply of respondent nos. 2 and 3. The delay caused in preferring the appeal has been adequately explained. I propose to adopt pragmatic approach in allowing the application and to consider the merits of the appeal. I do not find any oblique motive on the part of the applicants in preferring the second appeal belatedly. 3. Civil Application is allowed and delay stands condoned. ( SHAILESH P. BRAHME, J.) mkd/- 1/1 2025:BHC-AUG:30199