Jagannath Trimbak Thorat Throug Gpa Dilip Jagannath Thorat v. Rukhmabai Khanderao Meghale And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1043 CIVIL APPLICATION NO.13917 OF 2016 IN SAST/13653/2016 JAGANNATH TRIMBAK THORAT TROUG GPA DILIP JAGANNATH THORAT

VERSUS

RUKHMABAI KHANDERAO MEGHAL AND ANR ...

Advocate for Applicant : Mr. Dhorde Vikram R Advocate for Respondents No.2 and 3 : Mr. D. G. Nagode Advocate for Respondents No.4 and 5 : P.S. Dighe. ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 14-06-2019.

PER COURT :

1.

Present application has been filed for getting the delay of 137 days condoned which has been occurred for filing second appeal. 2.

The applicant submits that, he himself and respondents No.4 and 5 had filed Regular Civil Appeal No.213 of 2012 before learned District Judge -2, Vaijapur. It came to be decided on 07-09-2015. Thereafter the present applicant along with respondents No.4 and 5 had preferred Review Petition No.01 of 2015 before learned District Judge -2, Vaijapur raising various grounds for review of the Judgment and order passed in Regular Civil Appeal No.213 of 2012. That review application came to be dismissed on 24-02-2016. Under those circumstances the delay has been caused. It is stated that, since the applicant was pursuing another legal remedy, the delay has been caused, it is unintentional.

CA 13917-2016 3.

The application has been objected by learned advocate for respondents No.2 and 3 on the ground that the delay has not been explained properly.

4.

Taking into consideration the fact that the applicant was pursuing the legal remedy, the delay cannot be said to be intentional, and therefore, good ground has been made to condone the delay. The application stands allowed. Delay is hereby condoned.

5.

Registry to verify and register the second appeal and place it for consideration before appropriate Bench.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-