Nathu Maruti Vede (Deceased) Thru Lrs Dyanoba Nathu Vede. v. Darma Kanhu Vede

Digitally signed by Shambhavi N. Shivgan Date:

2021.03.19 11:56:40 +0530 Shambhavi N. Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1705 OF 2017 IN SECOND APPEAL (ST) NO.34557 OF 2016 Nathu M. Vede (Deceased) Thru LRS Dyanoba Nathu Vede ... Applicant Vs Darma Kanhu Vede ... Respondent ...

Mr. Balwant Vitthal Salunkhe for the Applicant. CORAM : SANDEEP K. SHINDE J.

DATE : 18 th MARCH, 2021.

P.C. :

Legal representatives of deceased Nathu Maruti Vede (Original Defendant No.4), in Regular Civil Appeal No.434 of 1971, have preferred this appeal, nearly after 43 years, along with an application, seeking condonation of delay.

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Heard learned counsel for the parties. Perused the application.

Applicant's father, Nathu expired in 1987. Admittedly, applicants were living with, Nathu. Therefore, it would be rational to presume, applicants had knowledge of the impugned decree dated 16th March, 1973. No other circumstances are brought to my notice to hold otherwise. It is contended, only after receiving notice from the TILR dated 25th August, 2016, applicants would know about the impugned decree passed in the Regular Civil Appeal No.434 of 1971. In my view, no sufcient cause has been shown for condoning the delay. Application is dismissed. Second Appeal is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/3

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