Vitthalrao Shankarrao Khedkar ... vs Sau. Jasodabai Ganeshlal Sahu
2021 Latest Caselaw 13884 Bom

16.SAST.12783.2020.                                                                                            1/2


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                               Civil Application (CAS) No.558/2020
                                                 IN
                               Second Appeal Stamp No.12783/2020
      Vitthalrao Shankarrao Khedkar (Dead) thr. his LRs. Vs. Sau. Jasodabai Ganeshlal Sahu
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri K.P. Mahalle, Advocate for the Applicants/Appellants.

                 CORAM : S.M. MODAK, J.
                 DATE  : 27th SEPTEMBER, 2021.

                                  Heard learned Advocate for the applicants/original
                 defendant.

                                  Though the respondent/plaintiff is served, there is no
                 appearance. The first Appellate Court delivered the judgment on 18 th
                 March, 2020. Though initially the defendant has not applied for
                 certified copy, he applied on 25th November, 2020. It is because of the
                 fact that the respondent/plaintiff has filed M.J. Case No.711/2020. It
                 was for the purpose of extension of time in depositing the remaining
                 amount of consideration of Rs.24,20,000/- including interest as
                 ordered by the first Appellate Court.

                                  The executing Court, as per the order dated 14 th
                 September, 2021, was pleaded to condone the delay of 19 days and
                 allowed the request. Due to the lock down on account of Covid, the
                 applicants could not visit the Court. At that time also the order passed
                 by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil)
                 No(s). 3/2020 about extending the period of limitation was in force.
                 Hence, the reasons are convincing. The following order is passed:-




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                                                   ORDER

1. The civil application is allowed.

2. The delay of 181 days in preferring second appeal is condoned.

3. Second Appeal be registered.

4. The civil application is disposed of.

Second Appeal Stamp No.12783/2020

This appeal along with Civil Application (CAS) No.559/2020 for stay be kept on 7 th October, 2021 for hearing on the point of admission.

JUDGE

vijay