Bishanlal Sangramal Sharma Died Through His Legal Hiers Tarabai Bishalal Sharma And Others v. Arun Pruthviraj Sharma And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 2329 OF 2023 IN SAST/4705/2023 Bishanlal Sangramal Sharma (Deceased) through LRs & others ....Applicants

VERSUS

Arun Pruthviraj Sharma & others .....Respondents .....

Ms. P. P. Deshmukh, Advocate holding for Mr. N. R. Pawade, Advocate for Applicants.

Mr. G. L. Deshpande,Advocate for respondent No.1. WITH SECOND APPEAL ST. NO. 4705 OF 2023 CORAM : R. M. JOSHI, J.

DATE : 17th JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 212 days in preferring second appeal against the judgment and decree dated 14th March, 2022 passed in RCA No. 91/2014 confirming the judgment and decree dated 22nd April, 2014 passed in RCS No. 10/2007.

2.

Applicants claim lack of knowledge of the impugned judgment and decree which has resulted into non-filing of appeal in time. Learned counsel for respondent opposed the application.

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Perusal of the application shows that no malafides can be attributed to the applicants in not preferring the appeal in time. Applicants have satisfactorily explained delay caused in filing appeal. Hence, application is allowed in terms of prayer clause 'A'. Appeal be registered.

( R. M. JOSHI) Judge dyb