Rajendra Kamlakar Gujar And Ors vs Sou. Sunita Ram Shete And Ors
2021 Latest Caselaw 4067 Bom

                                                                       13 ia st 93949-20



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION (ST) NO. 93949 OF 2020
                                                     IN
                                    SECOND APPEAL (ST) NO. 93947 OF 2020
 Sneha
 N.                Rajendra Kamlakar Gujar & Ors.               ..Applicants
 Chavan
                        V/s.
Digitally signed
by Sneha N.
Chavan
Date: 2021.03.04   Sou. Sunita Ram Shete and Ors.               ..Respondents
16:11:33 +0530
                                                   ----
                   Mr. Jaydeep Deo for the Applicants.

                   Mr. Vilas Tapkir for the Respondent Nos. 1 to 4.
                                                    ----
                                              CORAM : C.V. BHADANG, J.

                                              DATE       : 04th MARCH, 2021

                   P.C.

1. This is an application for condonation of delay of about 174

days in filing a Second Appeal.

2. In this case first Appellate Court passed the Judgment and

Decree on 17.01.2020. The certified copy was applied for, on

26.02.2020 and the same was delivered on 02.03.2020. The present

application is filed on 09.10.2020.

3. I have heard the learned counsel for the applicants and the

contesting respondent Nos. 1 to 4.

                          Sneha Chavan                                              page 1 of 2
                                                      13 ia st 93949-20

4. The learned counsel for the applicants points out that

Respondent Nos. 5 to 7 were ex-parte before the Trial Court.

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

shortly after the certified copy was obtained, the physical court

working was suspended on account of the pandemic and there was a

General Order by which the parties were protected on limitation. It

is submitted that in any event, on account of subsequent lock down

and the suspension of physical court working, immediate steps could

not be taken to file the Second Appeal. The learned counsel points

out that the office report shows that there is no delay.

6. Having regard to the over all circumstances, the application is

allowed.

7. The delay, if any, is hereby condoned.

8. Let the Second Appeal be registered, subject to removal of

office objections, if any.

C.V. BHADANG, J.

     Sneha Chavan                                                 page 2 of 2