Shri. Mugutrao (Mukund) Jaysing ... vs Sou. Sulochana Mukundrao Gaikwad ...
2023 Latest Caselaw 1068 Bom

                                                                       38-sa-80-2023.doc
     Sonali


       Digitally
       signed by
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       SONALI
SONALI MILIND                            CIVIL APPELLATE JURISDICTION
MILIND PATIL
PATIL Date:
       2023.02.01
       17:44:44
       +0530                             SECOND APPEAL NO.80 OF 2023
                                                    WITH
                                      INTERIM APPLICATION NO.815 OF 2023

                    Shri. Mugutrao (Mukund) Jaysing Gaikwad             ...Appellant
                        Versus
                    Sou. Sulochana Mukundrao Gaikwad & Ors.             ...Respondents


                    Mr. Sumit Chavan, i/b. Mr. Sushant Prabhune, for the Appellant.


                                             CORAM : MADHAV J. JAMDAR, J.

DATED : 1st FEBRUARY 2023

P.C. :

1. Heard Mr. Sumit Chavan, learned counsel appearing for

the Appellant. He submitted that although sufficient reasons

are given, the learned District Judge-5, Baramati dismissed the

application without considering the reasons given. He further

submitted that the impugned Judgment and Decree passed by

the learned Trial Court has been obtained by the Plaintiffs by

playing fraud on the Court.

2. The Second Appeal is admitted on the following

substantial questions of law:-

i. Whether the order of the learned First

38-sa-80-2023.doc Sonali

Appellate Court dismissing the application for condonation of delay is legal and proper?

ii. Whether the Respondents-Plaintiffs have obtained Judgment and Decree dated 8 th November 2017 passed by the learned 3rd Joint Civil Judge, Junior Division, Baramati in Regular Civil Appeal No.84 of 2013 by playing fraud on the Court?

3. Hearing of Second Appeal is fixed on 1st March 2023 at

2.30 p.m.

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

Respondents by private notice along with copy of this order and

shall file affidavit of service before the returnable date.

[MADHAV J. JAMDAR, J.]