Satish Ramchandra Babar v. Padmashree Vitthalrao Vikhe Patil Foundation Pravaranagar And ORS
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.10327 OF 2005 IN SECOND APPEAL STAMP NO.16203 OF 2005 SATISH RAMCHANDRA BABAR APPLICANT
VERSUS
PADMASHREE DR.VITHALRAO VIKHE PATIL FOUNDATION THROUGH VASANTRAO KAPARE AND OTHERS RESPONDENTS Mr.S.R.Shirsath h/f Mr.S.S.Jadhavar, Advocate for the applicant. Mr.Ajinkya Deshmukh h/f Mr.A.V.Hon, Advocate for respondent No.1. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 18/03/2015 PER COURT :
1.
The applicant, by this application prays for condonation of delay of 91 days in lodging the second appeal. Learned Advocate for the applicant points out the reasons and circumstances in paragraph No.3 of the application and submits that the delay of 91 days deserves to be condoned. The second appeal is the only remedy available to the applicant and in the event the delay is not condoned, the doors of litigation would be closed on the applicant. 2.
Mr.Hon, learned Sr.Advocate on behalf of the respondents, has opposed the application. It is submitted that prolonged litigation khs/March 2015/10327-05 (d)
between the parties has presumably attained finality since the applicant did not prefer a second appeal within limitation. It is, therefore, prayed that the civil application be rejected. 3.
In the light of the above and for the reasons set out in the application, same is allowed. Delay of 91 days caused in lodging the second appeal is condoned subject to the applicant depositing costs of Rs.2,000/- (Rs.Two thousand only). Mr.Hon, learned Advocate graciously submits that the said amount be donated to the Advocates' Bar Library, High Court, Bench at Aurangabad. 4.
As such, the applicant shall deposit the amount of costs of Rs.2,000/- (Rs. Two thousand only) with the Advocates' Bar Library, High Court, Bench at Aurangabad, within a period of 3 (three) weeks from today, failing which this order shall stand recalled and this civil application shall stand dismissed. On depositing the costs, second appeal be registered.
( RAVINDRA V. GHUGE, J.) khs/March 2015/10327-05 (d)