Bhikan Aatyaji Shejwal Died Through His L Rs Sindhubai Bhikan Shejwal And Others v. Shantikumar Babulal Chudiwal And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14771 OF 2023 IN SAST/31595/2023 WITH CIVIL APPLICATION NO. 14773 OF 2023 IN SAST/31595/2023 WITH CIVIL APPLICATION NO. 14772 OF 2023 IN SAST/31595/2023 BHIKAN AATYAJI SHEJWAL DIED THROUGH HIS L RS SINDHUBAI BHIKAN SHEJWAL AND OTHERS

VERSUS

SHANTIKUMAR BABULAL CHUDIWAL AND OTHERS Mr. B. G. Sagade, Advocate for the applicants Mr. S. V. Hange, AGP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 13th FEBRUARY, 2024 P.C. :- 1.

This application is for condonation of delay of 727 days in preferring the second appeal challenging the judgment and decree dated 5th July, 2019 in Regular Civil Appeal No. 64 of 2019. Respondent Nos. 1 to 4 are duly served. None present for them to oppose the application which indicates that they have no inclination to oppose condonation of delay.

2.

Learned AGP opposed the application on the ground that the delay is not satisfactorily explained.

947.ca14771.23.odt

3.

It is the contention of the applicants that during the pendency of first appeal respondent No.1 in RCA No. 64/2019 died on 23/08/2020. It is contended that by suppressing the said fact the decree was obtained from the First Appellate Court. Having regard to these facts, it is clear that the delay caused in preferring the appeal the delay is not deliberate. In the peculiar facts and circumstances of the case, delay deserves to be condoned. Hence, application stands allowed in terms of prayer clause 'B'.

4.

Appeal be registered.

(R. M. JOSHI, J.) ssp 947.ca14771.23.odt