Geeta W/O Kashinath Saundadkar And Another v. Fakira S/O Sampat Gaikwad And Others

2709 CAS 917 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO.917/2018 IN SECOND APPEAL ST. NO.10754/2018 Geeta w/o Kashinath Saundadkar and another ...Versus...

F akira s/o Sampat Gaikwad and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri N.B. Kalwaghe, Advocate for applicants CORAM : AVINASH G. GHAROTE, J.

DATE : 27/09/2022 1.

The application under Section 5 of the Limitation Act itself indicates that the respondent no.4 is dead. Learned counsel appearing for the applicants submits that the respondent no.2 is already on record as a legal heir of the deceased respondent no.4, considering which, no steps are to be taken.

2.

Statement is accepted at the risk and consequences of the applicants.

3.

All other respondents are served but none appears on their behalf. The application seeks condonation of delay of

2709 CAS 917 of 2018.odt 273 days caused in filing the second appeal. In view of what has been held by the Hon'ble Apex Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others (2013) 12 SCC 649, the delay is condoned, subject to costs of Rs.5,000/- to the deposited with the High Court Legal Services Sub-Committee, Nagpur, as a condition precedent by 03/10/2022. Upon the cost being so deposited to the satisfaction of the Registry, the appeal be registered and listed for admission on 06/10/2022. 4.

The civil application is allowed and disposed of accordingly.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR