Dattatraya Bhagwat Mali vs Bhagwat Dnyanoba Mali Died And ...
2021 Latest Caselaw 2804 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     926 CIVIL APPLICATION NO.3418 OF 2019
                               IN SAST/6048/2019

                              DATTATRAYA BHAGWAT MALI
                                      VERSUS
                 BHAGWAT DNYANOBA MALI DIED AND OTHERS
                                         ...
                     Mr. M.U. Shelke, Advocate for the applicant
                 Mr. A.P. Deshmukh, Advocate for respondent No.2
                  Mr. A.S. Kulkarni, Advocate for respondent No.4
                                         ...

                                   CORAM :     SMT. VIBHA KANKANWADI, J.

                                   DATE :      11th FEBRUARY, 2021.


PER COURT :

1              Present application has been filed for getting delay of 71 days

condoned in filing Second Appeal. Present applicant is the original plaintiff,

who had filed Regular Civil Suit No.302/2008 for perpetual injunction. Said

suit came to be dismissed by learned 2nd Joint Civil Judge Junior Division,

Kallam, Dist. Osmanabad on 29.02.2016. He preferred Regular Civil Appeal

No.59/2016 before learned District Judge-1, Osmanabad. The said appeal

came to be dismissed on 20.08.2018. He wants to challenge the said

Judgment and Decree, however, as aforesaid, there is delay of 71 days.

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




                                            2                                    CA_3418_2019

respondent No.4 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 applicant as well as respondents are

agriculturists and they are coming from rural area. The applicant is

accepting that there was no communication between him and his Advocate,

and therefore, he states that he had no knowledge about the Judgment and

Decree. Then he says that some time is spent to collect the necessary

documents and to take advise from the counsel. 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.10,000/- (Rupees Ten 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