Sadashiv Ganpat Unde v. Ratnabai Narayan Somvanshi And Others

2025:BHC-AUG:16974 *1* 957ca14266o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14266 OF 2018 IN SAST/31465/2018 SADASHIV GANPAT UNDE

VERSUS

RATNABAI NARAYAN SOMVANSHI AND OTHERS ...

Shri Pushpak U. Gujrathi, Advocate h/f Shri Latange V.P., Advocate for the Applicant.

...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 01st July, 2025 Per Court :- 1.

Heard learned advocate for the applicant.

2.

This is an application for condonation of delay in filing the Second Appeal.

3.

In response to the notice on this Civil Application, all respondents are served. However, nobody appears on behalf of the respondents.

4.

Learned advocate for the applicant submits that delay is of 93 days and has occurred because the appellant was not aware about the decision in the Regular Civil Appeal. It is

*2* 957ca14266o18 stated that the appellant is aged person and in the month of July, 2018, he got knowledge when the respondents orally threatened the appellant about disturbing his possession. On getting knowledge about dismissal of Regular Civil Appeal, the appellant took steps to contact the lawyer for the purpose of filing the Second Appeal. It is stated that the delay is unintentional and needs to be condoned.

5.

Having considered the reasons for delay as mentioned in paragraph No.8 of the Civil Application and the submissions advanced, the delay of 93 days needs to be condoned in the interest of justice. The Civil Application is allowed. The Second Appeal be registered.

kps ( PRAFULLA S. KHUBALKAR, J.)