Babruwan Narayan Kshirsagar v. Fakadabai @Laximibai Mohan Bharti Died Lrs. Chimabai @Chimanbai Lalish Giri And ORS

1 23-CA 6993-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6993 OF 2022 IN SAST/8734/2022 Babruwan Narayan Kshirsagar .. Applicant

Versus

Fakadabai @ Laximibai Mohan Bharti (died), though her L.Rs.

Chimabai @ Chimanbai Lalish Giri and others .. Respondents Mr. Shailesh S. Chapalgaonkar, Advocate for the Applicant. CORAM : KISHORE C. SANT, J.

DATED : 04th DECEMBER, 2023.

P. C. :- .

Heard learned advocate for the applicant.

2.

This application is for condonation of delay of 6585 days i.e. more than 18 years. The only reason assigned is that, when the decree was passed in the appeal on 11.12.2003 the applicant could not get the knowledge of passing of the decree and the judgment of the first Appellate Court. It only came to the knowledge when the applicant received notice in the execution proceedings for the first time in the month of September 2019. Further reason shown is that, the applicant had applied for certified copy on 20.09.2021 and the same was received on 25.09.2021. Thus, even from the date of knowledge

2 23-CA 6993-2022.odt no steps were taken for two years even for obtaining a certified copy. 3.

This Court finds that, on both these counts no convincing reason is coming for the delay. The application thus deserves to be dismissed and the same is hereby dismissed.

4.

The civil application stands disposed off.

( KISHORE C. SANT, J. ) P.S.B.