Lilabai Laxman Mhatre v. Harishchandra Sahdev Mhatre And ORS.
8 IA-2043-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2043 OF 2019 IN / WITH SECOND APPEAL (ST) NO. 27999 OF 2019 Lilabai Laxman Mhatre ...Applicant/ ...Appellant
Versus
Harishchandra Sahdev Mhatre And Ors.
...Respondents
***** Mr. Parth Modak i/b.. Preeti Walimbe, for Applicant/Appellant. None for Respondents.
***** HUSENBASHA RAHAMAN NADAF Date: 2024.02.14 13:17:27 +0530 HUSENBASHA RAHAMAN NADAF CORAM : M.M. SATHAYE, J.
DATE : 12th FEBRUARY 2024 P.C. :
.
Heard learned counsel for the Applicant. This is an application for Condonation of Delay of about 6 months in filling the above Second Appeal. On 18/11/2019 notices were issued. According to office note, out of all the Respondents, the present application is abated against Respondent Nos. 4 & 8 and it is dismissed against Respondent Nos. 6, 7 & 9.
2.
On a specific query, learned counsel for the Applicant states that he is ready to take risk and press the application only against such Respondents who are served. So far as served Respondents are concerned, nobody is appearing and no reply is filed till date. 3.
In the aforesaid peculiar facts and circumstances, considering Husen
8 IA-2043-2019.doc the extent of delay and that served Respondents have neither filed appearance nor opposed the application by filing reply, sufficient cause is made out on un-controverted averments in application. Therefore, Interim application is allowed and delay is condoned as against Respondent Nos. 1 to 3, 5, 10 to 13/3 only. 4.
It is clarified that the present Interim Application as well as the Second Appeal is dismissed as against Respondent Nos. 4 & 6 to 9. Amendment endorsing such dismissal be carried out in second-appeal memo on or before next date. The aspect of partial / full abatement is kept open.
5.
copy of this order.
6.
At the request of the Applicant, place the Second Appeal for admission after two weeks.
(M.M. SATHAYE, J.) Husen