Sojarbai Sheshrao Bhande And ... vs Laxman Shesherao Bhande And ...
2021 Latest Caselaw 15479 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                914 CIVIL APPLICATION NO.4722 OF 2020
                          IN SAST/7560/2019


             SOJARBAI SHESHRAO BHANDE AND ANOTHER
                                 VERSUS
              LAXMAN SHESHERAO BHANDE AND OTHERS
                                    ...
      Advocate for Applicants : Mr. S.B.Munde h/f Mr. Gunale V. D.
            Advocate for Respondent No.1: Mr. B. R. Kedar
                                    ...

                                    CORAM :   SMT.VIBHA KANKANWADI, J.
                                    DATE :    27-10-2021.

ORDER :

1. Present application has been filed for condoning the delay of 233

days in filing the second appeal.

2. The applicants are the original defendants No.3 and 4. Present

respondent No.1 is the original plaintiff who had filed Regular Civil Suit

No.26 of 2007 before Joint Civil Judge, Junior Division, Chakur, District

Latur, for perpetual injunction. The said suit came to be decreed on

01-11-2012. The present applicant filed Regular Civil Appeal No.423

of 2012. Learned Ad-hoc District Judge-1, Latur dismissed the appeal

on 16-04-2018. The applicants, therefore, want to file second appeal,

however, there is delay. Hence, this application.

2 CA 4722-2020

3. Heard learned Advocate Mr. V. D. Gunale for applicants and

learned Advocate Mr. B. R. Kedar for respondent No.1.

4. It has been contended that applicant No.1 was suffering from

various diseases. She has no source of income. She is dependent

on applicant No.2 who is stated to be the house-wife. It is to be

noted that applicant No.1 has annexed her medical certificate stating

that she was under treatment from 15-07-2018 to 28-12-2018.

According to the applicant, applicant No.1 who was looking after the

litigation, approached the Advocate at Latur on 28-12-2018 and got

the guidance to file second appeal. Thereafter, she applied for the

certified copies.

5. Though the learned Advocate appearing for respondent No.1 is

strongly objecting, yet taking into consideration the age of applicant

No.1, since she is illiterate lady, duration of the delay and the fact

that she was suffering from some disease, though it was much after

the pronouncement of the Judgment by the First Appellate Court,

the delay deserves to be condoned. The inconvenience that would

be caused to respondent No.1 can be compensated in terms of

money. Hence, the civil application stands allowed and disposed of.

3 CA 4722-2020

6. The delay caused in filing second appeal stands condoned

subject to deposit of cost of Rs.5000/- (Five thousand) within a

period of one (1) month from today by the applicants in this Court.

7. After the amount is deposited, Registry to verify and register

the second appeal. The amount be given to respondent No.1.

(SMT. VIBHA KANKANWADI) JUDGE

vjg/-