Bishanlal Sangramal Sharma Died ... vs Arun Pruthviraj Sharma And Others
2024 Latest Caselaw 1238 Bom

Bombay High Court

Bishanlal Sangramal Sharma Died ... vs Arun Pruthviraj Sharma And Others on 17 January, 2024

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                                                           ca2329.23.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

                927 CIVIL APPLICATION NO. 2329 OF 2023
                           IN SAST/4705/2023

Bishanlal Sangramal Sharma
(Deceased) through LRs & others                          ....Applicants

VERSUS

Arun Pruthviraj Sharma & others                          .....Respondents
.....

Ms. P. P. Deshmukh, Advocate holding for Mr. N. R. Pawade, Advocate for
Applicants.
Mr. G. L. Deshpande,Advocate for respondent No.1.

                              WITH
                 SECOND APPEAL ST. NO. 4705 OF 2023

                                CORAM : R. M. JOSHI, J.

DATE : 17th JANUARY, 2024. PER COURT :

1. This is an application for condonation of delay of 212

days in preferring second appeal against the judgment and decree

dated 14th March, 2022 passed in RCA No. 91/2014 confirming the

judgment and decree dated 22nd April, 2014 passed in RCS No.

10/2007.

2. Applicants claim lack of knowledge of the impugned

judgment and decree which has resulted into non-filing of appeal in

time. Learned counsel for respondent opposed the application.

ca2329.23.odt

3. Perusal of the application shows that no malafides can

be attributed to the applicants in not preferring the appeal in time.

Applicants have satisfactorily explained delay caused in filing appeal.

Hence, application is allowed in terms of prayer clause 'A'. Appeal be

registered.

( R. M. JOSHI) Judge dyb