38-sa-80-2023.doc
Sonali
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONALI
SONALI MILIND CIVIL APPELLATE JURISDICTION
MILIND PATIL
PATIL Date:
2023.02.01
17:44:44
+0530 SECOND APPEAL NO.80 OF 2023
WITH
INTERIM APPLICATION NO.815 OF 2023
Shri. Mugutrao (Mukund) Jaysing Gaikwad ...Appellant
Versus
Sou. Sulochana Mukundrao Gaikwad & Ors. ...Respondents
Mr. Sumit Chavan, i/b. Mr. Sushant Prabhune, for the Appellant.
CORAM : MADHAV J. JAMDAR, J.
DATED : 1st FEBRUARY 2023 P.C. :
1. Heard Mr. Sumit Chavan, learned counsel appearing for the Appellant. He submitted that although sufficient reasons are given, the learned District Judge-5, Baramati dismissed the application without considering the reasons given. He further submitted that the impugned Judgment and Decree passed by the learned Trial Court has been obtained by the Plaintiffs by playing fraud on the Court.
2. The Second Appeal is admitted on the following substantial questions of law:-
i. Whether the order of the learned First 1/2 38-sa-80-2023.doc Sonali Appellate Court dismissing the application for condonation of delay is legal and proper? ii. Whether the Respondents-Plaintiffs have obtained Judgment and Decree dated 8 th November 2017 passed by the learned 3rd Joint Civil Judge, Junior Division, Baramati in Regular Civil Appeal No.84 of 2013 by playing fraud on the Court?
3. Hearing of Second Appeal is fixed on 1st March 2023 at 2.30 p.m.
4. In addition to the Court notice, Appellant to serve the Respondents by private notice along with copy of this order and shall file affidavit of service before the returnable date.
[MADHAV J. JAMDAR, J.] 2/2