M/S Vighnahart Construction ... vs Mrs. Bharti Maruti Savardekar
2023 Latest Caselaw 959 Bom

                                                                                         19-sa-704-2022.doc
          Pallavi


           Digitally signed
           by PALLAVI
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI
MAHENDRA
           MAHENDRA
           WARGAONKAR                                CIVIL APPELLATE JURISDICTION
WARGAONKAR Date:
           2023.01.30
           17:38:01
           +0530

                                                    SECOND APPEAL NO.704 OF 2022
                                                                WITH
                                                 INTERIM APPLICATION NO.1964 OF 2022
                                                                 IN
                                                    SECOND APPEAL NO.704 OF 2022


                              M/s. Vighnaharta Construction Company
                              A Partnership Firm Through its Partners
                              1) Mr. Sudhir Sadanand Ambavane and Ors.             ...Appellants/Applicants
                                   Versus
                              Mrs. Bharti Maruti Savardekar and Ors.               ...Respondents


                              Mr. Prashant P. Kulkarni, for the Appellants/Applicants.


                                                                CORAM : MADHAV J. JAMDAR, J.

DATED : 30th JANUARY 2023

P.C. :

1. Heard Mr. Prashant Kulkarni, learned counsel appearing for the

Appellants. He states that apart from other substantial questions of

law, the following question of law is also involved in the present

Second Appeal:

1) Whether the learned First Appellate Court rejected the delay

condonation application filed in Appeal challenging the

19-sa-704-2022.doc Pallavi

Judgment and Decree dated 11 th September 2018 passed in

Regular Civil Suit No.131 of 2014 by the learned Civil Judge,

Senior Division, Thane at Thane without considering the valid

and sufficient reasons given in the delay condonation

application?

2. As very narrow issue is involved in the Second Appeal, issue

notice to the Respondents, returnable on 27 th February 2023 at 2.30

pm.

3. In addition to Court notice, Applicants to serve the

Respondents by private service and file affidavit of service before the

returnable date.

4. Notice to indicate that subject to convenience of the Court, the

Second Appeal will be heard finally on 27 th February 2023 at 2.30

pm. The learned Executing Court is requested to adjourn the

execution proceedings by suitable date.

[MADHAV J. JAMDAR, J.]