Uttam Appasaheb Gade vs Rakhmaji Ramchandra Bangal ...
2021 Latest Caselaw 14274 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD


                       919 CIVIL APPLICATION NO.5326 OF 2021
                                 IN SAST/20414/2019


                                     UTTAM APPASAHEB GADE
                                            VERSUS
    RAKHMAJI RAMCHANDRA BANGAL, DEAD, THROUGH LR SANGEETA
                                 SHIVAJI KARALE @ BANGAL
                                              ...
    Mr. M.L. Deoda, Advocate h/f Mr. A.D. Ostwal, Advocate for the applicant
                   Mr. R.B. Temak, Advocate for the sole respondent
                                              ...

                                         CORAM :     SMT. VIBHA KANKANWADI, J.

                                         DATE :      01st OCTOBER, 2021


PER COURT :



1                Present application has been filed for condoning the delay of 132

days in filing Second Appeal.


2                Heard both sides.


3                Present applicant is the original plaintiff, who had filed suit

bearing Regular Civil Suit No.607/2011 for recovery of arrears of rent and

possession. It has been observed by the Trial Court that since the area, in

which the suit property is situated, is not notified in Schedule I or II of the

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Maharashtra Land Control Act, it was considered that the suit was under the

provisions of Transfer of Property Act. The suit came to be dismissed on

03.03.2016. He preferred Regular Civil Appeal No.186/2016 before District

Court, Ahmednagar. The appeal was heard by learned Adhoc District Judge-

5, Ahmednagar and was dismissed on 26.11.2018. The applicant intends to

file the Second Appeal, however, there is delay of 132 days. Hence, this

application.

4 It has been contended by the applicant in a long drafted

application that his Advocate did not inform the decision of the First Appeal

and, therefore, immediately after the pronouncement of the Judgment of the

First Appellate Court he had no knowledge about the said decision. Later on

he came to know about the said decision and then he applied for the certified

copies. Thereafter, he was suffering from heart disease, hypertension and

diabetes with left ventricular failure. He was hospitalized and was advised

bed rest for at least three months with specific advise of not to travel.

Though the learned Advocate appearing for the respondent is strongly

opposing and submitting that all the documents are of the subsequent period,

that too, after the appeal period would have been over, those documents

cannot be considered and the said reason on the medical ground cannot be

considered at all. The fact remains that for the initial period the applicant is

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claiming that he had no knowledge about the decision of the First Appellate

Court and thereafter he states that he was ill. Taking liberal view and the

duration of the delay, the delay stands condoned.

5 Application stands allowed and disposed of, subject to deposit of

costs of Rs.3,000/- (Rupees Three Thousand only), to be deposited within a

period of 15 days from today.

6 After the deposit of the said amount, registry to verify and

register the Second Appeal and the amount be disbursed to the respondent.

( Smt. Vibha Kankanwadi, J. )

agd