Suman Shivraj Swami And Another v. Santosh Shivraj Swami And Others

2025:BHC-AUG:30199 63 CA 2049 OF 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 63 CIVIL APPLICATION NO. 2049 OF 2017 IN SAST/2555/2017 SUMAN SHIVRAJ SWAMI AND ANOTHER

VERSUS

SANTOSH SHIVRAJ SWAMI AND OTHERS ...

Advocate for Applicant : Mr. Thombre Chandrakant V. Advocate for Respondent nos. 2 & 3 : Mr. R.V. Gunale h/f Mr. V.D. Gunale ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.11.2025 PER COURT :

This Civil Application is for condonation of 223 days in preferring Second Appeal. The learned counsel Mr. Thombre appearing for the applicants submits that applicant no. 2 is legal heir of applicant no. 1 and no separate steps are required to be taken.

2.

I have gone through the contents of the application for condonation of delay as well as affidavit in reply of respondent nos. 2 and 3. The delay caused in preferring the appeal has been adequately explained. I propose to adopt pragmatic approach in allowing the application and to consider the merits of the appeal. I do not find any oblique motive on the part of the applicants in preferring the second appeal belatedly. 3.

Civil Application is allowed and delay stands condoned. ( SHAILESH P. BRAHME, J.) mkd/- 1/1