Kalavati Kashinath Daiangade ... vs Aswant Ranga Karande And Ors
2021 Latest Caselaw 2881 Bom

                                     (1)


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

               930 CIVIL APPLICATION NO.5350 OF 2017
                         IN SAST/37826/2015

   KALAVATI KASHINATH DAIANGADE DIED LRS PADMINBAI
                    RANGNATH KARANDE
                           VERSUS
            ASWANT RANGA KARANDE AND ORS
                              ...
      Advocate for Applicants : Mr. Ingale Vivekanand V.
               Respondent Nos. 1 To 5 Served
            Mr. R. V. Naiknaware, Adv. For R/6
                            -----

                               CORAM :     SMT.VIBHA KANKANWADI,J.

                               DATE :      12th February, 2021.

 PER COURT :-

 1.               Present      application    has    been       filed        for

condonation of delay of 54 days caused in filing

the Second Appeal.

2. Heard learned Advocate for applicant and

learned Advocate for Respondent No.6. None appears

for Respondent Nos.1 to 5 though served.

3. Present applicant is legal heir of

original plaintiff who filed RCS No.13/2003 for

declaration and injunction of suit land, which came

to be decreed by the trial court on 30.8.2007.

Aggrieved by the same, the original defendant No.6

filed Regular Civil Appeal No.233/2008 and the said

appeal came to be allowed by judgment and order

dated 8.7.2015. The applicant intends to challenge

the said order of the appellate court by way of

this Second Appeal. However, as aforesaid, there is

delay of about 54 days.

4. Though learned Advocate for Respondent

No.6 has opposed the application, however, for the

reasons stated in the application, the application

stands allowed and disposed of, subject to costs of

Rs.3,000/- to be deposited in this Court within

fifteen days from today. After deposit of the

amount, the Respondent No.6, being a contesting

party alone, be paid the said cost. The delay is

condoned. Registry to verify and register the

Second Appeal.

(SMT. VIBHA KANKANWADI) JUDGE

BDV