1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

...

SECOND APPEAL NO. 245 /2009

(Jiwan s/o Kaeadeo Bhagat vs. Sanyog Ramji Fulzele )

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Office Notes, Memoranda of Coram,

appearances, Court's orders or directions

Court's or Judge's orders

and Registrar's order

Mr Anjan De, Adv.for appellant

Coram : A.P.BHANGALE, J.

Dated : December 9, 2009

Heard learned Advocate for the appellant, at length.

2.

The instant Second Appeal stems from rejection of Miscellaneous

Application No.75/2007 seeking condonation of delay in filing Regular

Civil Appeal. It is the grievance of the appellant that by the impugned

order passed by learned Ad-hoc District Judge -1, Chandrapur, by order

dated 31.3.2008 making a reference to the ruling in Kamalbai

Narasaiyya Shrimal and another vs. Ganpat Vithalrao Are reported

in 2007 (1) Mh. L.J. 807 rejected the application on the ground that

there is no sufficient ground to condone the delay of seven months and

five days. Learned Advocate for the appellant do not dispute that merely

poverty cann