Shri. Ramchandra Sitaram Chavan v. Kalavati Vishwanath Chavan And Others

DNKale 1/2 60-CAS-106-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.106 OF 2015 IN SECOND APPEAL (ST) NO.27166 OF 2014 Shri. Ramchandra Sitaram Chavan ...

Applicant

Versus

Kalavati Vishwanath Chavan & Ors.

....

Respondents .....

Mr. Sachin Panday i/b Mr. Girish Agrawal for the Applicant. Mr. G. T. Kanchanpurkar for Respondent Nos. 1 to 6. .....

CORAM : S.C.GUPTE, J.

DATE : 17 FEBRUARY 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

This Civil Application seeks condonation of a delay of 330 days in filing the present Second Appeal. The delay is explained in paragraph 7 of the Civil Application. It is submitted that due to the advocates strike, which prevailed around that time, the advocate of the Applicant could not apply for a certified copy and prefer the Appeal. It is submitted that the Appellant is about 82 years old and suffers from various ailments, and it was not possible for him to do the needful and file the Appeal in time.

DNKale 2/2 60-CAS-106-2015.doc 3.

In the premises, the Civil Application is allowed in terms of prayer Clause (b). The office shall now number the Second Appeal. The Second Appeal shall come up for admission on 27 March 2017. 4.

Issue notice to the Respondents returnable on that day. The Appellant is also permitted to effect a private service and file an affidavit of service by the next date.

(S.C.GUPTE, J.)