Bapaasaheb Tatyaba Dhole v. Raosaheb Tatyaba Dhole Thr Lrs Vanchalabai Bhagwan Godhole And ORS

CA-12467.05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 12467 OF 2005 IN SECOND APPEAL (ST.) NO. 20247 OF 2005 Bappasaheb S/o Tatyaba Dhole ... Applicant

Versus

Raosaheb S/o Tatyaba Dhole and others ... Respondents ----- Mr. Sachin V. Kuptekar, Advocate h/f Mr. V. D. Salunke, Advocate for applicant Mr. S. T. Shelke, Advocate for respondents No. 1-A and 1-B CORAM :

SUNIL P. DESHMUKH, J.

16TH NOVEMBER, 2015 ORDER:

1.

It appears that respondents have been served. 2.

Heard learned counsel for the applicant. It is submitted by him that applicant is an old man of 84 years who had been prosecuting the matter and he had fallen ill and was advised rest from January, 2005 to August, 2005. He refers to the certificate issued by the doctor in this respect annexed as Exhibit-A to civil application.

3.

Learned counsel explains that the judgment and decree under appeal had been delivered in December, 2014.

CA-12467.05 4.

Although Mr. Shelke, appearing on behalf of respondents No. 1-A and 1-B has some reservations, he has not been able to dispute veracity underlying the submissions of the applicant. 5.

In view of the same, application deserves to be allowed. Accordingly, the same stands allowed in terms of prayer clause (B) and stands disposed of.

SUNIL P. DESHMUKH, J.

pnd