Shri.Ramchandra Bhanudas Wakade vs Shri.Bharat Bahu Surpuse And ...
2023 Latest Caselaw 8167 Bom

                                                                       13-SA-97-2019.doc
Sonali


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                  SECOND APPEAL NO.97 OF 2019
                                             WITH
                                CIVIL APPLICATION NO.173 OF 2019

         Shri. Ramchandra Bhanudas Wakade                              ...Appellant
             Versus
         Shri. Bharat Bahu Surpuse & Ors.                              ...Respondents


         Mr. S. P. Rajepandhare, for the Appellant.

         Mr. A. A. Joshi, for Respondent Nos. 1 and 2.


                                          CORAM : MADHAV J. JAMDAR, J.

DATED : 9th AUGUST 2023

P.C. :

1. Heard Mr. Rajepandhare, learned counsel appearing for

the Appellant and Mr. Joshi, learned counsel appearing for

Respondent Nos.1 and 2.

2. Mr. Rajepandhare, learned counsel appearing for the

Appellant submitted that although the Judgment and Decree of

the learned Trial Court is dated 29th January 2013, the

Appellant came to know about the same when he received

notice of execution from the Tehsildar on 25 th July 2016. He

13-SA-97-2019.doc Sonali

states that after obtaining the information, immediately the

application being Civil Miscellaneous Application No.143 of

2016 was filed on 23rd September 2016 for condonation of delay

in filing the appeal before the learned First Appellate Court. He

submitted that learned First Appellate Court rejected the delay

condonation application on irrelevant ground i.e. as the decree

has been executed, nothing remains for adjudication. There is

substance in the contention raised by Mr. Rajepandhare,

learned counsel appearing for the Appellant. The following

substantial question of law arises in this Second Appeal:-

"Whether the reasons given by the learned First Appellate Court for rejection of delay condonation application are legal and proper?"

3. As very short question is involved for consideration, issue

notice to the Respondents, returnable on 4th October 2023.

4. In addition to the Court notice, the Appellant to serve the

Respondents by private service and file affidavit of service

before the returnable date.

5. Mr. Joshi, learned counsel waives service of notice for

Respondent Nos. 1 and 2.

13-SA-97-2019.doc Sonali

6. As very narrow controversy is involved in this Second

Appeal, parties are put to notice that on the returnable date,

subject to the convenience of the Court, the Second Appeal will

be heard finally.

7. Ad-interim relief granted earlier to continue till the

disposal of the Second Appeal.

[MADHAV J. JAMDAR, J.]