Vilas Tukaram Chavan vs Suresh Bhanudas Kulkarni And Ors
2023 Latest Caselaw 1180 Bom

                                                                                  904-sa-329-2021.doc
       Pallavi

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
           PALLAVI
                                             CIVIL APPELLATE JURISDICTION
PALLAVI    MAHENDRA
MAHENDRA   WARGAONKAR
WARGAONKAR Date:
           2023.02.03
           17:54:23
           +0530                             SECOND APPEAL NO.329 OF 2021

                        Vilas Tukaram Chavan                          ...Appellant/Applicant
                              Versus
                        Suresh Bhanudas Kulkarni and Ors.             ...Respondents

                                                        WITH
                                         INTERIM APPLICATION NO.2053 OF 2019
                                                         IN
                                            SECOND APPEAL NO.329 OF 2021

                        Vilas Tukaram Chavan                          ...Appellant/Applicant
                              Versus
                        Suresh Bhanudas Kulkarni and Ors.             ...Respondents


                        Mr. Anand S. Shalgaonkar, for the Appellant/Applicant.
                        Mr. Sachin M. Bhavar i/b. Mr. Dilip B. Shinde for the Respondent No.1.

                                                        CORAM : MADHAV J. JAMDAR, J.

DATE : 3rd FEBRUARY 2023

P.C. :

1. Mr. Shalgaonkar, learned counsel appearing for the Appellant

states that the following substantial question of law is involved in this

Second Appeal:

Whether the learned First Appellate Court while rejecting the application for condonation of delay in challenging the Judgment and Decree dated 5th September 2011 passed in

904-sa-329-2021.doc Pallavi

Regular Civil Suit No.70 of 2002 has ignored sufficient reasons given by the Appellant for condonation of delay?

2. This Court by order dated 18th November 2019 has directed the

Executing Court not to proceed with the matter till the next date. The

said order is continued from time to time and lastly, the same was

continued by order dated 26th April 2022 till 24th June 2022. It

appears that thereafter, the matter has not been listed and therefore,

the said order has not been continued.

3. Learned Advocate of the Appellant Mr. Shalgaonkar states that

as the stay has not been extended, the Executing Court has expressed

that it will proceed in the matter.

4. The learned counsel appearing for the Respondents seeks time.

As the adjournment is sought on behalf of the Respondents, stand

over to 15th February 2023 at 2.30 pm. Till then, the execution of the

impugned Judgment and Decree shall remain stayed.

5. As very short issue is involved in the matter, both the parties

are put to notice that on 15th February 2023, subject to the

convenience of the Court, this Court will finally dispose of the Second

Appeal.

[MADHAV J. JAMDAR, J.]