Citation : 2021 Latest Caselaw 2841 Bom
Judgement Date : 11 February, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CIVIL APPLICATION NO.3348 OF 2017
IN SAST/5112/2017
SUNITA SAHEBRAO SHENDGE
VERSUS
RAMDAS KESHAV SHENDGE AND OTHERS
...
Mr. S.A. Dhumal, Advocate for applicant
Mrs. R.B. Ghule, Advocate for respondent No.1
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 11th FEBRUARY, 2021. PER COURT : 1 Present application has been filed for getting the delay of 48 days condoned in filing Second Appeal. 2 Applicant is the original defendant No.5 and present respondent
No.1 is the original plaintiff, who had filed Regular Civil Suit No.262/1998
for permanent injunction before Joint Civil Judge Junior Division, Newasa,
Dist. Ahmednagar. The said suit came to be decreed on 25.02.2005. Present
appellant/applicant preferred appeal i.e. Regular Civil Appeal No.35/2014
(old Regular Civil Appeal No.26/2015) before District Judge-1, Newasa and
the said appeal came to be dismissed on 29.09.2016. The appellant wants to
2 CA_3348_2017
challenge the said Judgment and Decree, however, as aforesaid there is delay
of 48 days. Learned Advocate for the respondent No.1 is absent. Notice of
the present application was duly served to the respondent Nos.2 to 5. Under
such circumstance, whatever contentions have been raised in the paragraph
No.2 have gone unchallenged. Further, it can also be seen that applicant
appears to be the illiterate lady coming from rural background, and
therefore, liberal approach is taken.
3 Application stands allowed and disposed of.
4 Registry to verify and register the Second Appeal.
( Smt. Vibha Kankanwadi, J. )
agd
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