Prakashnarayan Mirajkar And Ors vs Smt. Indumati Chandrakant ...
2021 Latest Caselaw 13552 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CIVIL APPELLATE JURISDICTION

                   I.A. (STAMP) NO. 9363 OF 2021
                                 IN
              SECOND APPEAL (STAMP) NO. 9362 OF 2021

                                   WITH

                   I.A. (STAMP) NO. 9364 OF 2021
                                 IN
              SECOND APPEAL (STAMP) NO. 9362 OF 2021

Prakashnarayan Mirajkar & Ors.                          .....Applicants.

            Vs.

Smt. Indumati Chandrakant Mirajkar & Ors.               .....Respondents.

Mr. Prashant Pandey i/by Aiaan Memon for the Applicants.
Smt. Kavita Patil for the Respondents.

                               CORAM :      A. S. GADKARI, J.

                                 DATE :     21st SEPTEMBER, 2021.

P.C.:-

This is an Application for condonation of delay of 6 years and

260 days in filing the present Second Appeal.

2 There are 3 main grounds taken in the present Application for

condonation of delay, in paragraph Nos.4, 5 and 6 i.e. (i) Applicant No.1

was trying to settle the matter with the other members (ii) that, Applicant

No.1 was going through financial issues and (iii) Applicant No.1 being old

aged person/senior citizen, could not visit places to take guidance to

proceed further in the matter. It is also stated that, the Applicant No.1 was

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suffering from medical ailments.

Apart from the above said grounds, other grounds stated are

general in nature.

3 Perusal of Application would indicate that, there are 15

Applicants. The Applicant No.2 is aged about 63 years. The ages of other

Applicant Nos.3 to 15 are not mentioned in the Application. What

prevented other Applicant Nos.3 to 15 from filing Appeal, has not been

stated in the Application.

4 The impugned Judgment and Order in Civil Appeal No.2 of

2012 was passed by the Appellate Court on 20 th June, 2014. The Applicants

have not offered any explanation for condonation of such a colossal and

inordinate delay, except the aforestated grounds taken in the present

Application. It is repeatedly argued by the learned counsel for the

Applicant that, the Applicant No.1 is a senior citizen. As noted earlier, the

ages of other Applicant Nos. 3 to 15 have not been conveniently mentioned

by the Applicants in the Application.

5 After perusing the Application, this Court is of the considered

view that, no explanation at all, least to say, any plausible explanation to

condone such an inordinate and colossal delay of 6 years and 260 days is

offered by the Applicants.

Interim Application being dehors of merits, is accordingly

dismissed.

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        6                  In view of dismissal of Interim Application for condonation of

delay, Second Appeal (Stamp) No.9362 of 2021 is accordingly disposed off.

As a consequence thereof, Interim Application (Stamp)

No.9364 of 2021 for stay of impugned Order, does not survive and is also

disposed off.

                                                                (A.S. GADKARI, J.)
            Digitally signed
            by SANJIV
SANJIV      SHARNAPPA
SHARNAPPA   MASHALKAR
MASHALKAR   Date: 2021.09.24
            16:34:53 +0530