Tarabai Tulshiram Gayakwad And Others v. Baliram Sakharam Gayakwad And Others

2024:BHC-AUG:11918 924 CA 10755-2015

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 10755 OF 2015 IN SECOND APPEAL (ST) NO. 10782 OF 2015 TARABAI TULSHIRAM GAYAKWAD AND OTHERS

VERSUS

BALIRAM SAKHARAM GAYAKWAD AND OTHERS ...

Mr. S.D. Hiwrekar - Advocate for Applicants Mr. J.R. Shah - Advocate for Respondents ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th June, 2024 PER COURT :

1.

Learned Counsel for the respondents - original plaintiffs on instructions submits that, the impugned decree in this appeal is already executed and the respondents have received possession.

2.

However, this is only application for condonation for delay in filing Second Appeal which is of 105 days only. Therefore, considering the statutory right of the applicants, it needs to be verified whether any substantial question of law is involved in entertaining the Second Appeal and for that purpose the application stands allowed in terms of Pooja K.

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924 CA 10755-2015 prayer clause 'B'.

3.

The Civil Application is accordingly disposed of. 4.

The Second Appeal of the applicants be registered after removal of office objections, if any.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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