Rajaram Bhumayya Gundu Lrs ... vs Chandrakant Ramayya Bura
2022 Latest Caselaw 1830 Bom

                                     .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   904 CIVIL APPLICATION NO.4732 OF 2020
                             IN SAST/23906/2018

Rajaram Bhumayya Gundu
LRs Sulochana and Others                                         .. Applicants
         Versus
Chandrakant Ramayya Bura
LRs Shakuntala and Others                                 .. Respondents
                                       ...
     Mr. S.P. Salgar h/f. Mr. Niteen V. Gaware, Advocate for Applicants
     Mr. N.B. Patekar, Advocate for Respondent Nos.1-A and 1-C to 1-E
                                       ...
                                    WITH
                       CA/4733/2020 IN SAST/23906/2018
                                      ...

                                    CORAM :    MANGESH S. PATIL, J.

                                    DATE :     23-02-2022

PER COURT :

.                 Heard both the sides.

2. Civil Application No.4732 of 2020 is for condonation of

delay of 54 days occasioned in filing the Second Appeal.

3. The learned advocate for the respondents strongly

opposes the application and submits that no sufficient ground is

mentioned in the application.

4. Having heard both the sides and after going through the

reasons mentioned in the application coupled with the fact that the

.. 2 ..

dispute pertains to right to an immovable property, it would be

appropriate to allow the matters to be decided on merits rather than

by default.

5. The application is allowed subject to the payment of

costs of Rs.2,000/- to the respondents, to be deposited in this Court

within two weeks. On such costs being deposited, the delay would

stand condoned.

6. The respondents shall be entitled to claim the costs.

7. After such costs are deposited, register the Second

Appeal.

8. Issue notice to the respondents in the Second Appeal

returnable four weeks thereafter. Mr. N.B. Patekar waives notice on

behalf of respondent nos.1A, 1C to 1E.

9. Till next date, the execution and operation of the

judgment and order under challenge shall stand stayed.

( MANGESH S. PATIL ) JUDGE

Gajanan