Sitaram Mahadeo Burnade vs Tryambak S/O Mahadev Burnade And ...
2022 Latest Caselaw 9551 Bom

                                                                   1                                     9.CAS.153-2021.odt




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           NAGPUR BENCH AT NAGPUR
                                    CIVIL APPLICATION (CAS) NO. 153 OF 2021
                                                       IN
                                      SECOND APPEAL ST. NO. 1720 OF 2020
             ( Sitaram Mahadeo Burande Vs.Tryambak S/o Mahadev Burande & Ors.)
             Office Notes, Office Memoranda                            Court's or Judge's orders
             of Coram, Appearances, Court's
             orders     or    directions and
             Registrar's orders

                                               Mr. Amit Balpande, Advocate h/f Mr. A.S. Band, Advocate for the
                                               Applicant/Appellant.
                                               Mr. S.B. Bangde, Advocate for the Non-applicant/Respondent No.2.



                                               CORAM:        AVINASH G. GHAROTE, J.

DATED : 20th SEPTEMBER, 2022.

The application seeks condonation of delay of 711 days in filing the Second Appeal, the same is vehemently opposed by the learned counsel for the respondent No.2. The impugned judgment in RCA No. 46/2010 is dated 13.11.2017 and it is submitted that the applicant who was 74 years of age in 2017, due to his old age forgot to instruct his counsel to file the appeal. However considering that the matter is required to be decided on merits, subject to the costs of Rs. 10,000/- (Rs. Ten Thousand Only) to be deposited with the High Court Legal Aid Services Sub Committee, Nagpur, as a condition precedent, the delay is condoned, the application is allowed and disposed of accordingly.

Signed By:SHRIKANT DAMODHAR BHIMTE JUDGE Signing Date:21.09.2022 10:42 SD. Bhimte