Shri Appa Shankar Aurange v. Shri Rajaram Appa Aurange And Others

1206ca1469.12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1469 of 2012 In Second Appeal Stamp No.17792 of 2012 Shri Appa Shankar Aurange ... Applicant

Versus

Shri Rajaram Appa Aurange and others ... Respondents Shri L.S. Gaikwad, Advocate for Applicant.

Coram : R.K. Deshpande, J.

Dated : 12 th June, 2015 P.C.:

This civil application for condonation of delay of 55 days caused in filing the second appeal is already dismissed against the respondent No.3, who was the original defendant No.3 in Regular Civil Suit No.197 of 1998. The suit was for partition, and the defendants claimed that the suit property was their self-acquired property.

In view of the dismissal of the appeal against the respondent No.3, the application for condonation of delay cannot be entertained, as the appeal has already been dismissed against the necessary party.

The civil application is dismissed.

(R.K.DESHPANDE, J.) PD Lanjewar