← Library
Bombay High CourtCA/16273/2016admittedallowedgrantedrule absolute

Suryabhan Rangnath Jadhavar Died Vilas And Others v. Dattoba Raghunathrao Jadhavar Died Lrs Chabubai And Others

2017-03-03Hon'Ble Shri Justice Sunil P. Deshmukh1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 16273 OF 2016 IN SAST/27986/2016 SURYABHAN RANGNATH JADHAVAR DIED VILAS AND OTHERS

VERSUS

DATTOBA RAGHUNATHRAO JADHAVAR DIED LRS CHABUBAI AND OTHERS ...

Advocate for Applicants : Mr. P.P. Karegaonkar h/f Mr.Deshmukh Yogesh P. :

Mr.H. K. Mundhe, Adv., for respondent no.2.

...

CORAM : SUNIL P. DESHMUKH, J.

Dated: March 03, 2017 ...

PER COURT :- 1.

Heard learned Counsel for the parties.

2.

There is delay of 131 days in filing Second Appeal. Learned Counsel for the applicants submits that for want of knowledge of the judgment and decree of the appellate Court, and some other difficulties, the application could not be filed within time and, as such, delay has occurred. Learned Counsel for the respondent submits that financial reasons cannot be a reason as one of the applicant is in Government service. Be that as it may, there does not appear to be a serious dispute that delay has been primarily occurred for want of knowledge about the judgment and decree. In the circumstances, it would be expedient to grant the application. The application stands granted in terms of prayer clause (B), and is disposed of.

( SUNIL P. DESHMUKH, J. ) ...

agp/-