Ranjana Sanjay Dhamdhare And Anotehr v. Tukaram Ranu Hargude And Others

bsb 1 44.CAS518.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 518 OF 2014 IN SECOND APPEAL (ST) NO. 7519 OF 2014 Ranjana Sanjay Dhamdhare & ors.

... Applicants v/s Tukaram Ranu Hargude & ors.

... Respondents Mr.Sandeep Salunke for the applicants.

Mr.A.B.Tajane for Resp. Nos.2 to 5.

Coram: N.M. Jamdar, J.

Dated: 29 July, 2016 P.C.:

By this application, the Applicants seek to condone the delay of 171 days in filing the second appeal. Learned counsel for the Respondents opposes. He submits that the appeal is by a purchaser and the Applicants are seeking leave to file an appeal. Detailed reply has been filed. I have gone through the reply. Heard learned counsel for the parties.

According to the Applicants, they are bonafide purchaser of the

bsb 2 44.CAS518.14.doc property. Once they were not party to the proceedings, the reason stated by the Applicants that they were not aware of the appeal, cannot be stated to be not a cogent one.

Considering the facts and circumstances, therefore, the civil application is allowed in terms of prayer clause (a). The Application filed by the Applicants for leave to file an appeal will be heard along with Second Appeal (St) Nos.13416 of 2014 and 7519 of 2014. Place these matters on board as per the C.M.I.S. date, after all office objections in both the appeals are removed.

(N. M. Jamdar, J.)