Rajaram Pandharinath Bhujbal(D/H) v. Rajaram Buwasaheb @ Bhausaheb Dhamdhere And ORS.

Gaikwad RD 31.IANo.4392016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 439 OF 2016 IN CIVIL APPLICATION NO. 910 OF 2009 IN SECOND APPEAL (ST) NO.19193 OF 2007) Rajaram Pandharinath Bhujbal (since deceased through LRs) & Ors.

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Applicants

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Rajaram Buwasaheb @ Bhausaheb Dhamdhere & Ors.

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Respondents Mr. Dilip Bodake i/b. Mr. Vikas B. Shivgan, Advocate for the Applicants. Ms. Heena Suvarnakar i/b. Mr. Kuldeep S. Patil, Advocate for the Respondent No.1.

Mr. Jaydeep Deo, Advocate for the Respondent No.5. CORAM : A. S. GADKARI, J.

DATE : 30th NOVEMBER, 2021.

P.C.:- This is an Application for restoration of Civil Application No. 910 of 2009 and the proceedings thereunder which was dismissed for default by an Order dated 13th November 2009.

There is a delay of 4 years and 48 days in filing the present Application.

Ms. Suvarnakar, learned Counsel appearing for the Respondent No.1 and Mr.Deo, learned Counsel for the Respondent No.5 opposed the 1/2

Gaikwad RD 31.IANo.4392016.doc Application and submitted that the inordinate delay in filing the present Application has not been properly explained by the Appellant. They, however, fairly submitted that if the Court is inclined to condone the delay, the Appellants be imposed with heavy cost.

Perusal of Application indicates that there is no satisfactory explanation given by the Applicants for condoning the said inordinate delay of 4 years and 48 days in filing present Application. However, in the interest of justice, I am inclined to condone the said delay subject to a condition that the Applicants shall pay the cost of Rs.15,000/- to the High Court Legal Services Committee, Mumbai within a period of two weeks from today. The Applicant to pay/deposit the costs in the account namely "High Court Legal Aid Fund", Account No. 60045304283, IFSCMAHB0000002 of the Bank of Maharashtra, Branch-Fort, Mumbai-400032, maintained by the High Court Legal Services Committee, Mumbai, Room No. 105, 1st Floor, PWD Building, High Court, Mumbai and to furnish the details of such costs to the High Court Legal Services Committee, Mumbai and obtain the receipt thereof physically or through Email i.e. hclsc.mumbai@gmail.com which shall be the proof of such payment/deposit. Subject to deposit of cost, Application is allowed in terms of prayer clauses (a) and (b).

(A.S. GADKARI,J.) 2/2 Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2021.12.03 14:25:52 +0530 RAJU DATTATRAYA GAIKWAD