Santosh Prabhakar Tejband And Others vs Shankuntalabai Prabhakar Tejband And ...
2024 Latest Caselaw 22133 Bom

Bombay High Court

Santosh Prabhakar Tejband And Others vs Shankuntalabai Prabhakar Tejband And ... on 1 August, 2024

2024:BHC-AUG:16855




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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                           917 CIVIL APPLICATION NO. 5944 OF 2020
                                     IN SAST/12113/2019

                         SANTOSH PRABHAKAR TEJBAND AND OTHERS
                                                         ....Applicants
                                        VERSUS

                     SHANKUNTALABAI PRABHAKAR TEJBAND AND OTHERS
                                                       .....Respondents

                Mr. S. A. Deshmukh, Advocate h/f Mr. A. S. Deshmukh,
                Advocate for the applicants
                Mr. P. N. Kalani, Advocate for respondent Nos. 1 to 3

                                   CORAM : KISHORE C. SANT, J.
                                      DATE : 01st AUGUST, 2024


                P. C.

                1.          Heard the parties for sometime.



                2.          This application is for condonation of delay of 890

                days caused in filing an appeal. It is stated in the application

                that the applicants had no knowledge of filing of the suit as the

                applicants were not a party to the suit though the suit property

                is transferred in the name of these applicants.



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3.         Learned advocate for the applicants submits that the

property transferred in their favour by their grand-father and

thus they were necessary parties to the suit. The decree is passed

in their absence. He thus, submits that delay is only for want of

knowledge. There is no intention to cause the delay.



4.         The application is vehemently opposed by the

learned counsel Mr. Kalani. He submits that in fact the

applicants had every knowledge of the proceeding. Their father

all the while was contesting the proceeding. He had even filed

an appeal to the learned District Court and after loosing before

the learned District Court, he approached this court by filing the

second appeal. Second appeal No.803/2016 also came to be

dismissed by this court on 20-03-2019. It is immediately

thereafter the application is filed clearly showing that the

applicants had clear knowledge of the earlier second appeal. He

submits that the application is not bonafide and is clearly an

attempt to protract the litigation. He submits the judgment and

decree which is sought to be challenged is executed. In this way



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second appeal has become infructuous. Secondly he submits that

when a decree was passed by the learned trial court and the said

was carried to the first appeal and then to this court and the

same are dismissed. The applicant does not have remedy to file

second appeal directly in the High Court without taking recourse

of filing of the first appeal before the first appellate court. He

thus, prays for rejection of the application.



5.          Presently the court is concerned only with the

reasons given in the delay condonation application. No doubt,

reasons are not as convincing while condoning the delay.

However, only because of fact that it is in respect of the

immovable property, this court is inclined to allow the

application with cost. Hence, following order:-

                              ORDER

a] The application is allowed subject to cost of

Rs.10000/- [Rupees Ten Thousand Only] to be paid

to the Legal Services Authority Sub-Committee

Aurangabad within two weeks from today.

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              b]       Delay stands condoned subject to above.



              c]       Application stands disposed off.



                                         [KISHORE C. SANT, J.]



VishalK/917ca5944.20




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