Bhausaheb Sukhdev Shejwal vs Anikitabai Ratan Shejwal
2021 Latest Caselaw 2826 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                     925 CIVIL APPLICATION NO.4048 OF 2017
                               IN SAST/6787/2017


                        BHAUSAHEB SUKHDEV SHEJWAL
                                      VERSUS
                           ANIKITABAI RATAN SHEJWAL
                                         ...
                    Mr. M.B. Ubale, Advocate for the applicant
                  Mr. M.P. Joshi, Advocate for the sole respondent
                                         ...

                                   CORAM :    SMT. VIBHA KANKANWADI, J.

                                   DATE :     11th FEBRUARY, 2021.


PER COURT :

1              Present application has been filed for getting delay of 60 days

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

who had filed Regular Civil Suit No.256/2009 for perpetual injunction. Said

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

Gangapur, Dist. Aurangabad on 30.07.2012. He preferred Regular Civil

Appeal No.217/2012 before learned District Judge-1, Vaijapur. The said

appeal came to be dismissed on 14.09.2016. He wants to challenge the said

Judgment and Decree, however, as aforesaid, there is delay of 60 days.

2 Learned Advocate appearing for the respondent strongly opposes

the application and submits that though the applicant contends that he was

suffering from Jaundice, he has not produced any medical certificate. In fact,

2 CA_4048_2017

for no communication between him and his Advocate the applicant will have

to be blamed, and therefore, no reasonable and proper ground has been

shown for condoning the delay.

3 It is not in dispute that the applicant as well as respondent 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 he was suffering from Jaundice, for which he had

taken Ayurvedic treatment. 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/-, 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 respondent is allowed to withdraw the said amount.

( Smt. Vibha Kankanwadi, J. ) agd