Hausabai Ananda Mali (Since Deceased Through Legal Heirs) v. Bhagubai Yesu Mali (Since Deceased Through Legal Heirs Resp. No. 2 And 3 And 1c) And ORS.

4-cas-1304-2015.doc Sonali Digitally signed by SONALI MILIND PATIL Date:

2023.08.10 09:59:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL CIVIL APPLICATION NO.1304 OF 2015 IN SECOND APPEAL (ST) NO.3597 OF 2015 WITH WRIT PETITION NO.11263 OF 2015 Hausabai Ananda Mali since deceased through legal heirs Shankar Ananda Mali & Anr.

...Applicants

Versus

Bhagubai Yesu Mali since deceased through legal heirs Sou. Yamuna w/o. Mahadeo Mali & Ors.

...Respondents

Mr. Sugandh B. Deshmukh a/w. Irvin D'souza, for the Applicants. CORAM : MADHAV J. JAMDAR, J.

DATED : 9th AUGUST 2023 P.C. :

1.

This Civil Application is filed for condonation of delay of 6 years and 43 days in filing the Second Appeal. 2.

Mr. Deshmukh, learned counsel appearing for the Applicants states that none appears for the Respondents, although served.

3.

Mr. Deshmukh, learned counsel appearing for the 1/2

4-cas-1304-2015.doc Sonali Applicants states that although there is delay of 6 years and 43 days in filing the Second Appeal, if the period for which Review Application No.6 of 2008 pending before the learned First Appellate Court is taken into consideration then, there is delay of only 63 days. He states that the said delay has been explained in paragraph No.3.

4.

Although the Respondents are served, none appears for the Respondents and no reply has been filed to the Civil Application. Therefore, the contentions raised in the Civil Application have remained uncontroverted.

5.

For the reasons set out in the Civil Application, the same is allowed in terms of prayer clause [A].

6.

The Civil Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2