Shri. Shivaji Ganpatii Mohite ... vs The State Of Maharashtra And Anr
2023 Latest Caselaw 2695 Bom

                                                                      27-cas-1216-2016.doc
Pallavi


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                  CIVIL APPLICATION NO.1216 OF 2016
                                                  IN
                                 SECOND APPEAL (ST) NO.2335 OF 2016

          Shri. Shivaji Ganpati Mohite alias
          Chougule (Deceased Thr. Legal Heirs)
          Smt. Bharati Shivaji Mohite @ Chaugule and Ors. ... Applicants
                Versus
          The State of Maharashtra and Anr.               ...Respondents


                Mr. Sachin K. Hande a/w Amit D. Sale, for the Applicants.
                Mr. A.R. Patil, AGP for the Respondent No.1 - State.

                                            CORAM : MADHAV J. JAMDAR, J.

DATE : 20th MARCH 2023

P.C. :

1. Heard Mr. Sachin Hande, learned counsel appearing for the

Applicants and Mr. A.R. Patil, AGP appearing for the Respondent

No.1. None appears for the Respondent No.2 though served.

2. This Civil Application is taken out for condonation of delay of

about 2 years and 121 days in filing the Second Appeal. The

impugned judgment and decree of the learned First Appellate Court

is dated 24th June 2013 and the Appeal was filed on or about 21 st

January 2016.

27-cas-1216-2016.doc Pallavi

3. Mr. Hande submitted that the original applicant - Shivaji

Ganpati Mohite @ Chougule was suffering from chronic diabetes

which affected his health. He submitted that due to chronic diabetes

the delicate filtering structures and blood vessels within the kidneys

of the Appellant got damaged. The kidneys were not functioning

properly and effectively and therefore, the Appellant was under

dialysis and in fact, was advised kidney transplant. Due to same, he

was also diagnosed with high blood pressure. He submitted that the

present Second Appeal along with Civil Application for condonation

of delay was filed on 21 st January 2016 and the original

Applicant/Appellant passed away on 28th December 2016. Therefore,

delay be condoned.

4. Mr. Patil, AGP opposed the application, however, as sufficient

cause is made out, application is allowed in terms of prayer clause

(a). Interim Application is accordingly disposed of.

5. Second Appeal be listed for admission on 19th June 2023.

[MADHAV J. JAMDAR, J.]