Shri Sarjerao Bapu Kadam v. Appanna Bala Kadam @ Miraje (D/H)

50.42.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.42/2015 IN SECOND APPEAL (ST) NO.16773/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Yuvraj Gharal i/b Vijay Killedar for the applicant Mr. Akshay P. Shinde for respondent Nos.1 to 5. CORAM : K. K. TATED, J.

DATE : DECEMBER 12, 2017 P.C.:

1.

Heard. This Application is for condondation of delay in preferring the Second Appeal. The learned counsel for the Applicant submits that the impugned judgment and decree was passed by the courts below on 25.10.2012. Thereafter they immediately applied for certified copy. At that time they noticed the names of the Defendants were incorrectly recorded. Hence, they applied u/s.151 and 152 of the Code of Civil Procedure, 1908 vide Application dated 21.12.2012. He submits that thereafter they obtained fresh certified copy of the impugned order and filed the present appeal. In support of this statement, the learned counsel for the Applicant relies on para 3 of the additional Basavraj G Patil 1/2

50.42.15-cas affidavit in support of the Civil Application dated 04.05.2017.

2.

The learned counsel for the Respondent vehemently opposed the Civil Application. He submits that the Applicant has not shown sufficient cause for condondation of delay.

3.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed by the Applicant in para 3 of the additional affidavit in support of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. 4.

Hence, following order is passed.

a.

Delay in preferring the Second Appeal is condoned.

b.

Civil Application stands disposed of accordingly.

c.

No order as to costs.

JUDGE Basavraj G Patil 2/2