Ravindra Vishwanath Magar vs Sindhubai Ravindra Magar
2023 Latest Caselaw 8612 Bom

2023:BHC-AUG:18211
                                                   1                    915-CA.11399-21.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                  915 CIVIL APPLICATION NO.11399 OF 2021
                                            IN SAST/15320/2021

                                        RAVINDRA VISHWANATH MAGAR
                                                   VERSUS
                                         SINDHUBAI RAVINDRA MAGAR

                                                    ...
                           Advocate for Applicant : Adv. Rahil Kazi h/f Mr. P. R.
                                             Katneshwarkar.
                          Advocate for Respondent : Mr. P. U. Gujrathi h/f Mr. V. P.
                                                Latange.
                                                    ...

                                               CORAM :       S. G. MEHARE, J.
                                               DATE :        23.08.2023

                     PER COURT :-


                     1.      Heard the learned counsel for the applicant and learned

                     counsel for the respondent.


                     2.      Learned counsel for the applicant would submit that the

                     applicant is suffering from paralysis. He has been retired so his

                     income has been reduced. He has to spent more money on his

                     paralysis medication. He did not know about the impugned

                     order passed against him.         However, when he received the

                     notice of Darkhast, he took action and presented this appeal

                     with the delay condonation application.




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                                      2                        915-CA.11399-21.odt


     3.      Learned counsel for the respondent would submit that

     the reasons assigned for delay condonation are not convincing,

     proper and correct. He was well aware of the proceedings filed

     against him. He had contested the petitions on merits, but he

     failed to comply with the orders passed in execution

     proceeding. He has preferred this second appeal with civil

     application, after receipt of the notice of the executing court.

     He would further state that the applicant is not bonafide. He

     had obtained a stay order from this Court on 10.01.2022 on

     the condition to deposit 75 % of the arrears. However, he did

     not deposit. Hence, the execution of the impugned judgment

     and decree was automatically restored.                 He has no good

     ground for condonation of delay.


     4.      The Court also heard parties on the issues involved in

     the case.       There were number of litigations between them.

     Hence, to find out the substantial question of law, lenient view

     may be taken. Hence, the following order :


                                      ORDER

(i) Civil Application is allowed.

(ii) Delay caused in preferring the second appeal

stands condoned.

3 915-CA.11399-21.odt

(iii) Second Appeal be registered accordingly.

(iv) Issue notice to the respondent/s.

(v) Learned counsel Mr. Latange waives service of

notice for the respondent.

(vi) List the matter in due course.

(S. G. MEHARE, J.)

...

vmk/-