Kashinath S/O. Narayan Koli And Anr vs Nilubai W/O. Eknath Koli And Ors
2024 Latest Caselaw 2787 Bom

Bombay High Court

Kashinath S/O. Narayan Koli And Anr vs Nilubai W/O. Eknath Koli And Ors on 30 January, 2024

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                                                       ca12008.23.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

               CIVIL APPLICATION NO. 12008 OF 2023 IN
               SECOND APPEAL ST. NO. 17722 OF 2023

Kashinath s/o Narayan Koli & another                   .. Applicants

Versus

Nilubai w/o Eknath Koli & others                       .. Respondents

Mr. B. R. Warma, Advocate for the applicants.
Mr. A. I. Deshmukh, Advocate for respondent No. 1.

                                CORAM : R. M. JOSHI, J.

DATE : 30th JANUARY, 2024. PER COURT :

1. This application is for condonation of delay of 132 days in

preferring appeal against judgment and decree dated 2 nd September,

2022, passed in Regular Civil Appeal No. 43/2013.

2. Learned counsel for applicants claims that applicants are

agriculturists and do not have knowledge about final judgment being

passed. On this ground, delay is sought to be condoned. Learned

counsel for respondent No. 1 opposed the application by contending

that delay has not been explained satisfactorily. Other respondents,

though served, failed to appear which shows that they have no

inclination to oppose the application.

ca12008.23.odt

3. This appeal arises out of the suit filed for partition.

Having regard to the nature of judgment and decree, condonation of

delay would not change the position of the respondents. Delay is not

inordinate and is explained satisfactorily. Hence, application is

allowed.

( R. M. JOSHI) Judge dyb

ca12008.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

SECOND APPEAL ST. NO. 17722 OF 2023

Kashinath s/o Narayan Koli & another .. Appellants

Versus

Nilubai w/o Eknath Koli & others .. Respondents

Mr. B. R. Warma, Advocate for the appellants. Mr. A. I. Deshmukh, Advocate for respondent No. 1.

CORAM : R. M. JOSHI, J.

DATE : 30th JANUARY, 2024. PER COURT :

1. Appeal be registered.

2. Stand over to 13th February, 2024, for admission.

3. Interim relief granted earlier to continue till next date.

( R. M. JOSHI) Judge dyb