Sou.Valubai @ Sunita Maruti Mhasvekar v. Shri.Keraba Ganapati Sorate And Others

29-cas-1487-18 in sast-6809-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1487 OF 2018 IN SECOND APPEAL (ST) NO. 6809 OF 2018 Valubai @ Sunita Maruti Mhasvekar & Ors.

..Applicants Vs.

Keraba Ganapati Sorate & Ors.

..Respondents ---- Mr. Sandeep Koregave, for the Applicants.

None for the Respondents.

---- CORAM : C.V. BHADANG, J.

DATE : 04th MARCH 2021 P.C.

.

This is an application for condonation of delay of 155 days in filing the appeal. The First Appellate Court passed a judgment on 1/7/2017. The appellant obtained the certified copy on 15/1/2018 and the present application came to be filed on 13/3/2018 resulting into a delay of 155 days.

2.

I have heard the learned counsel for the applicants. None appears for the contesting respondents.

Mamta Kale page 1 of 2

29-cas-1487-18 in sast-6809-18 3.

It is submitted by the learned counsel for the applicants that the applicant Nos.2 and 3 are the senior citizens and applicants being sisters are not staying at their maternal place where the property is situated. It is also contended that on account of the medical ground, no steps could be taken to file the appeal within time, in support of which, medical certificates from Om Clinic are produced on record.

4.

The record discloses that the contesting respondents have not filed any reply.

5.

On hearing the learned counsel for the applicants and for the reasons mentioned in the application, I find that the applicants have made out sufficient cause for not filing the appeal within time. The application is accordingly allowed. The delay is condoned. The second appeal be registered subject to removal of office objections. C.V. BHADANG, J.

Mamta Kale page 2 of 2