Shri. Tulshiram Govinda Pawar v. Somibai W/O. Pandu Bhoye @ Smt. Somibai D/O. Govinda Pawar And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.190 OF 2016 IN SECOND APPEAL (ST) NO.25749 OF 2015 Shri Tulshiram Govinda Pawar ... Applicant Vs Somibai W/o. Pandu Bhoye @ Smt. Somibai D/o. Govinda Pawar and Anr.

... Respondents ...

Mr. Sanjay Prabhakar Shinde for the Applicant. Ms. Nilima C. Sarvagod I/by Onkar Warange for the Respondent No.1.

CORAM : SANDEEP K. SHINDE J.

DATE : APRIL 11, 2019 P.C. :

It is an application for condonation of delay of 256 days occurred in filing appeal against the judgment and decree dated 5th November, 2014 passed in Regular Civil Appeal No.63 of 2010. Heard learned counsel for the applicant and the respondent no.1.

The learned counsel for the applicant submits that the respondent no.2 is formal party and he does not press appeal against Shivgan 1/3

him. He seeks leave to delete respondent no.2 from the cause-title. Leave granted. Amendment to be carried out forthwith. It is submitted that the applicant is 82 years old, illiterate and Adivasi. He has no sufficient funds for paying Court-fees and for engaging advocate. It is submitted that he was unwell and suffering from jaundice. He has placed on record certificate issued by MultiSpeciality Hospital. On this ground, condonation of delay is sought. The learned counsel for the respondent no.1 submits that averments in the application show that the applicant has approached advocate in June, 2015. However, present application is filed in September, 2015 and nothing is stated as to why application was not filed soon after June, 2015.

This appeal is preferred by the Plaintiff. His suit for injunction and declaration of title was decreed. However, Appellate Court reversed the decree. So far as declaration of title is concerned, applicant is about 82 years, illiterate and Adivasi. Medical certificate shows that he was suffering from jaundice and was unable to walk and was advised to take complete rest for 4-6 months. Shivgan 2/3

Thus, taking into consideration the averments made in the application, sufficient cause is shown for condoning the delay subject to cost of Rs.5,000/- which the applicant shall pay to the respondent through his advocate within two weeks from today. Subject to payment of cost, application is allowed in terms of prayer clause (a).

Place this appeal for Admission on 26th June, 2019. (SANDEEP K. SHINDE, J.) Shivgan 3/3