Parvatibai Babaappa Mathpati Died Through Lrs. Malikarjun Babaappa Mathpati (Swami) v. Irayya Sambhappa Mathpati

918-CA-9151-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9151 OF 2022 IN SECOND APPEAL (ST) NO. 1113 OF 2022 Parvatibai Babaappa Mathpati (Died) Through L.Rs.

Malikarjun Babaappa Mathpati (Swami) and Others ..APPLICANTS

VERSUS

Irayya Sambhappa Mathpati ..RESPONDENT ....

Mr. S.R. Bagal, Advocate h/f Mr. B.N. Gadegaonkar, Advocate for applicants ....

CORAM : R.G. AVACHAT, J.

DATE : 24th JUNE, 2022 PER COURT :

The judgment and decree impugned herein has been passed in March 2021 i.e. during pandemic. In view of the directions of the Hon' ble Supreme Court vide order dated 10th January, 2022 in Miscellaneous Application No. 21 of 2022 in Miscellaneous Application No. 665 of 2021 in Suo Moto Writ Petition (C) No. 3 of 2020 regarding condonation of delay, present application has been held to be within limitation and the same is, therefore, allowed in terms of prayer clause (B). Second appeal be registered accordingly.

( R.G. AVACHAT, J. ) SSD 1 / 1