Abdul Karim Shaikh Lal Died Lrs Badrunisa And ORS v. Abdul Rahim Shaikhlal

CA-14915.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICAION NO. 14915 OF 2016 IN SECOND APPEAL [STAMP] NO. 21023 OF 2016 Abdul Shaikh Lal, died, through legal representatives :

Badrunia w/o Abdul Karim and ors.

.. Applicants vs Abdul Rahim Shaikh Lal .. Respondent --- Mr. Shrirang S. Dande, Advocate for applicants Mr. A. S. Deshpande, Advocate for respondent CORAM :

SUNIL P. DESHMUKH, J.

DATE :

10th March, 2017 ORDER :

1.

Heard learned counsel for the parties.

2.

There is delay of 350 days in filing second appeal. 3.

It is being referred to by the applicants that earlier on, their father had been looking after the litigation and after his death, the applicants were brought on record as his legal heirs but they had poor knowledge about litigation and its' further prosecution. In the circumstances it was not realized that decision had been rendered and further move will have to be

CA-14915.16.doc made. Upon realization of the same, it was decided to file second appeal. It transpired that there is no alternate remedy but to prosecute second appeal. In the circumstances, delay has occurred.

4.

Learned counsel for the respondent submits that the reasons as are coming forth may not be sufficient to condone the delay. However, he is not in a position to challenge the veracity of the contents of the application.

5.

In the circumstances, following the guidelines in the case of Collector, Land Acquisition, Anantnag vs. Mst. Katiji, reported in AIR 1987 SC 1353, delay deserves to be condoned, subject, of course to costs.

6.

As such, civil application stands granted in terms of prayer clause (A) subject to payment of costs of ` 5,000/-. Costs be deposited in this court within a period of three weeks from today. Rhe respondent is at liberty to withdraw the same. SUNIL P. DESHMUKH, JUDGE pnd