Bhima Raising Rathod Deceased ... vs Mohan Bansi Jadhav And Another
2021 Latest Caselaw 2803 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                   927 CIVIL APPLICATION NO.10866 OF 2019
                             IN SAST/10885/2019
                   WITH CA/10867/2019 IN SAST/10885/2019

            BHIMA RAISING RATHOD (DECEASED) THROUGH LRS
                                        VERSUS
                       MOHAN BANSI JADHAV AND ANOTHER
                                           ...
                        Mr. P.P. Shahane, Advocate for applicants
                  Mr. P.N. Surwase, Advocate for respondent No.1
                   Mr. R.T. Biradar, Advocate for respondent No.2
                                           ...

                                    CORAM :      SMT. VIBHA KANKANWADI, J.

                                    DATE :       11th FEBRUARY, 2021.


PER COURT :

1              Present application has been filed for getting delay of 40 days

condoned in filing Second Appeal. The deceased applicant was the original

plaintiff, who had filed Regular Civil Suit No.1015/2006 for declaration and

cancellation of sale deed. Said suit came to be dismissed by learned 7 th Joint

Civil Judge Junior Division, Aurangabad on 28.06.2011. His legal

representatives preferred Regular Civil Appeal No.268/2011 before learned

District Judge-3, Aurangabad. The said appeal came to be dismissed on

31.08.2018. They want to challenge the said Judgment and Decree, however,

as aforesaid, there is delay of 40 days.

                                            2                                    CA_10866_2019



2                Learned Advocates appearing for the respondent No.1 as well as

respondent No.2 strongly oppose the application and submit that no

reasonable and proper ground has been shown for condoning the delay.

3 It is not in dispute that the applicants as well as respondents are

labour and agriculturists and they are coming from rural area. The

applicants are accepting that there was no communication between them and

their Advocate, and therefore, they state that they had no knowledge about

the Judgment and Decree. Then they say that some time is spent in

collecting money for Court Fees, typing and copying expenses. Taking liberal

view the delay deserves to be condoned.

4 Application stands allowed and disposed of.

5 The delay caused in filing Second Appeal is hereby condoned,

subject to deposit of costs of Rs.5,000/- (Rupees Five Thousand only), within

a period of 15 days from today, in this Court.

6 After the amount is deposited, registry to verify and register the

Second Appeal.

7 The respondents are allowed to withdraw the said amount.

( Smt. Vibha Kankanwadi, J. ) agd