Bombay High CourtCAS/506/2019ca disposed off

Balwant S/O Narayan Mahantare v. Sonaba S/O Vithoba Kamble

2019-11-14Hon'Ble Shri Justice Vinay Joshi2 pages

1 cas506.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 506 OF 2019 IN SECOND APPEAL NO. 12295 OF 2017 Balwant s/o Narayan Mahantare ..VS..

Sonaba s/o Vithoba Kamble - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.P. Kariya, Adv. for applicant/appellant. Shri D.R. Bhuyar, Adv. for respondent-sole.

CORAM : VINAY JOSHI, J.

DATED : 14 th NOVEMBER, 2019 Heard learned Advocates appearing for both sides.

This is an application for condonation of delay of 562 days caused in filing the Second Appeal. The appellant initiated obstruction proceeding in execution which was allowed. The respondent/decree holder went in First Appeal in which the order of Executing Court was reversed. The appellant desires to challenge the impugned order dated 19.08.2015 passed in Regular Civil Appeal No. 255 of 2012 by way of Second Appeal. Since, there happened to be delay in filing Second Appeal, hence this delay condonation application is preferred.

The applicant/appellant has mainly canvassed that initially he has entrusted the papers to one Advocate Ashwin Kale who unfortunately died before filing of the appeal. Thereafter, the appellant sustained paralytic

2 cas506.19 problem and was confined in the illness for two years and therefore, for these reasons he was unable to file Second Appeal within stipulated period .

The other side though objected the grounds for delay, however, it is informed from the Bar that sad demise of Advocate Ashwin Kale is matter of knowledge of everyone. Considering both the reasons, I hold that, the appellant has made out sufficient cause for condoning the delay.

In view of that, the delay caused in filing the Second Appeal is condoned. Second Appeal be registered. The Civil Application is allowed and disposed of accordingly.

JUDGE Trupti