Smt.Dhondubai Shivajirao Desai And Others v. Smt.Rajakka Shahajirao Desai (Deceased Thru Lrs) Sou.Sushila Laxman Chavan

ppn 1 14.cas-355.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.355 OF 2018 IN SECOND APPEAL (ST.) NO.34172 OF 2017 ALONG WITH SECOND APPEAL (ST.) NO.34172 OF 2017 Smt.Dhondubai Shivajirao Desai & Anr.

..

Applicants/Appellants Vs.

Smt.Rajakka Shahajirao Desai (since deceased) through her legal heirs A. Sou.Sushaila Laxman Chavan ..

Respondent --- Mr.Subhash B.Desai for the applicants.

Mr.Avinash Patil h/f Mr.Umesh H. Pawar for the respondent. --- CORAM : R.D.DHANUKA, J.

DATE : 27th September 2019 P.C.:

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By this notice of motion, the applicants seeks condonation of delay 2 years and 153 days in filing second appeal. No affidavit-inreply is filed though served in advance. 2.

In paragraph 3 of the civil application, the applicants have explained the delay. The applicant is 76 years old and suffering from various illness. Copy of medical certificate is annexed at Exhibit-A to the civil application.

ppn 2 14.cas-355.18.doc 3.

In my view, the delay is sufficiently explained in paragraph 3 of the civil application. Civil application is made absolute in terms of prayer clause (a). Delay is accordingly condoned. No order as to costs. 4.

Place the second appeal on board on 4th November 2019. R.D.DHANUKA, J.