Kondabai Dinkar Shinde (Deceased Thru Lrs) v. Kisan Bhau Shinde (Deceased Thru Lrs)

127.cas.408.19.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 408 OF 2019 IN SECOND APPEAL (ST) NO. 14061 OF 2018 Kondabai Dinkar Shinde Deceased Through Legal Heirs

1. Babaso Kinkar Shinde & Ors.

...Applicants

Versus

Kisan Bhau Shinde

...Respondent

Mr. D. D. Rananaware, for the Applicants.

Mr. Venkatesh Shastry i/b Ms. Athalye, for the Respondents. CORAM :

MADHAV J. JAMDAR, J.

DATE :

8th MARCH, 2023 P.C.:

1.

The Civil Application is taken out to condone the delay of 6 years and 71 days in fling the Second Appeal. 2.

The Judgment and Decree of the learned First Appellate Court is dated 23rd November, 2011 and the present Second Appeal has been fled on 13th April, 2018.

3.

It is the contention of Mr. Rananaware, learned counsel appearing for the Applicants that, the Review Application has been fled in 2011 and the same has been decided on 23rd June,

127.cas.408.19.doc 2013. He further submitted that, the Applicant No.1 who is looking after this matter suffered a severe paralytic stroke and he has not recovered from the same. Therefore the delay. 4.

It is signifcant to note that, no date of illness of said Applicant No. 1 is given, no medical record is produced. It is specifcally stated in the Application that the Applicant No. 1 is suffering from paralysis for couple of years and he has not recovered from the same and he is almost bed redden. The Second Appeal along with Civil Application seeking delay condonation was fled in April 2018. Thus it can be assumed that Applicant No. 1 suffered paralytic stroke in 2016.

5.

Therefore, assuming that there is some explanation for a period of 2016 onwards however, there is no explanation for the period of 2013 till 2016.

6.

Therefore, no suffcient reasons are furnished for condonation of delay.

7.

The Civil Application is dismissed however, without any order as to costs.

(MADHAV J. JAMDAR, J.)