Kantabai Vitthal Kendre vs Laxmibai Ramrao Dahiphale
2024 Latest Caselaw 14082 Bom

Bombay High Court

Kantabai Vitthal Kendre vs Laxmibai Ramrao Dahiphale on 3 May, 2024

                                     ..1..                       914-205-15

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  914 SECOND APPEAL NO. 205 OF 2015

                       KANTABAI VITTHAL KENDRE
                                  VERSUS
                     LAXMIBAI RAMRAO DAHIPHALE
                                      ...
     Advocate for Appellant : Mr. Girish K. Thigale (Naik) (through V.C.)
                 Advocate for Respondent : Mr. B. R. Kedar
                                      ...

                                  WITH
                   CIVIL APPLICATION NO. 2674 OF 2014
                             IN SA/205/2015
                                    ...
                     CORAM      : Y. G. KHOBRAGADE, J.

                     DATE         : 03.05.2024
PER COURT :

1. Mr. Thigale (Naik), learned counsel appearing for the appellant

seeks time to verify whether there is another counter Second Appeal

pending against the Judgment and decree dated 22.08.2013 passed by

the learned District Judge-2, Ambajogai in Regular Civil Appeal Nos.

47/2010 and 58/2010 arising out of Judgment and decree dated

20.03.2010 passed by the learned 2nd Joint Civil Judge Junior Division,

Ambajogai in Regular Civil Suit No.90/2017.

2. Needless to say that on 10.12.2013, the appellant, who is original

defendant in Regular Civil Suit No.90/2017 has instituted appeal along

with application for condonation of delay.

..2.. 914-205-15

3. On 23.03.2015, the delay has been condoned and since then this

matter is pending and it was not listed at any time before.

4. In spite of lapse of 11 to 12 years from the institution of the

appeal, the learned counsel for the appellant / original defendant seeks

time which shows that neither the defendant nor his counsel is vigilant

while prosecuting the matter. Under these circumstances, the matter is

posted on 29.07.2024.

(Y. G. KHOBRAGADE, J.)

shp