Dilkhush Shahir Sawant And Anr vs Suresh Bhanudas Babar And Ors
2023 Latest Caselaw 8169 Bom

2023:BHC-AS:22805
                                                                           66-IA-30070-2022.doc


                    Arjun

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                               INTERIM APPLICATION NO.30070 OF 2022
                                                IN
                                SECOND APPEAL (ST) NO.27498 OF 2022

                    Dilkhush Shahir Sawant & Anr.                  ...Applicants


                    In the matter between :

                    Dilkhush Shahir Sawant & Anr.                  ...Appellants

                            V/s.

                    Suresh Bhanudas Babar & Ors.                   ...Respondents


                    Mr. Sandesh Shukla i/b Manisha Sawant, for the
                    Applicants.
                    Ms. Bhavika Shinde a/w Umesh Mankapure, for the
                    Respondents.

                                               CORAM : MADHAV J. JAMDAR, J.

DATED : AUGUST 9, 2023

P.C.:

1. Heard Mr. Shukla, learned counsel appearing for the

Applicants and Ms. Shinde, learned counsel appearing for

the Respondents.

2. The Interim Application is taken out for condonation of

delay of 3 years and 64 days in filing the Second Appeal.

However, perusal of the record shows that the impugned

66-IA-30070-2022.doc

judgment and decree of the learned First Appellate Court is

dated 6th June 2019 and the present Second Appeal has

been filed on 10th November 2022. Due to Covid-19

pandemic, the Supreme Court had suspended the limitation

period from 15th March 2020 till 28th February 2022.

3. It is the contention of learned counsel appearing for the

Applicants that the Applicant No.2 is 78 years old and

suffering from various diseases. He relied on the medical

certificate showing the same.

4. Ms. Shinde, learned counsel appearing for the

Respondents strongly opposes the Interim Application. She

states that the Applicant No.1 could have taken steps in filing

Appeal. She further submitted that the impugned judgment

and decree of the learned First Appellate Court is dated 6th

June 2019 and the Covid-19 pandemic had started in March

2020 and, therefore, explanation given by the Applicants is

not proper.

5. However, perusal of the medical certificate shows that

since 2019, the Applicant No.2 is 78 years old and suffering

from various diseases including heart disease. In the

Application it has been stated that the Applicant No.1 is

66-IA-30070-2022.doc

required to look after Applicant No.2.

6. Therefore, for the reasons set out in the Interim

Application, the same is allowed in terms of prayer clause (d)

subject to payment of cost of Rs.10,000/- to be paid to the

Respondents within a period of four weeks from today.

7. The Interim Application is disposed of in above terms

with cost.

[MADHAV J. JAMDAR, J.]