Sou.Valubai @ Sunita Maruti ... vs Shri.Keraba Ganapati Sorate And ...
2021 Latest Caselaw 4066 Bom

                                                     29-cas-1487-18 in sast-6809-18


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO. 1487 OF 2018
                                     IN
                    SECOND APPEAL (ST) NO. 6809 OF 2018

 Valubai @ Sunita Maruti Mhasvekar & Ors.              ..Applicants
      Vs.
 Keraba Ganapati Sorate & Ors.                         ..Respondents

                                    ----

 Mr. Sandeep Koregave, for the Applicants.
 None for the Respondents.

                                    ----

                                  CORAM : C.V. BHADANG, J.

DATE : 04th MARCH 2021

P.C.

. This is an application for condonation of delay of 155 days in

filing the appeal. The First Appellate Court passed a judgment on

1/7/2017. The appellant obtained the certified copy on 15/1/2018

and the present application came to be filed on 13/3/2018 resulting

into a delay of 155 days.

2. I have heard the learned counsel for the applicants. None

appears for the contesting respondents.

Mamta Kale page 1 of 2

29-cas-1487-18 in sast-6809-18

3. It is submitted by the learned counsel for the applicants that

the applicant Nos.2 and 3 are the senior citizens and applicants

being sisters are not staying at their maternal place where the

property is situated. It is also contended that on account of the

medical ground, no steps could be taken to file the appeal within

time, in support of which, medical certificates from Om Clinic are

produced on record.

4. The record discloses that the contesting respondents have not

filed any reply.

5. On hearing the learned counsel for the applicants and for the

reasons mentioned in the application, I find that the applicants have

made out sufficient cause for not filing the appeal within time. The

application is accordingly allowed. The delay is condoned. The

second appeal be registered subject to removal of office objections.

C.V. BHADANG, J.

      Mamta Kale                                                    page 2 of 2