Gopalrao Bajirao Satpute (Dead) Through Lrs Vijay Gopalrao Satpute And Another v. Anjanabai Wd/O. Bhaiyaji Jagtap And Others

9-sast-13916-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1532 OF 2017 IN SECOND APPEAL (ST) NO. 13916 OF 2018 (Gopalrao Bajirao Satpute through his legal representatives Vs. Anjanabai Wd/o Bhaiyaji Jagtap & others) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri J.R.Kidilay, learned counsel for the appellant. Shri C.N.Deshpande, learned counsel for the respondent nos. 5 & 6.

CORAM : ANIL S KILOR, J.

DATE : 22 nd JANUARY, 2020.

Learned counsel for the applicant requests for deletion of name of respondent nos. 3(a) from the cause title.

2.

Permission is granted at the risk of appellant.

3.

This is an application for condonation of delay in filing Second Appeal. This Court on 19th December, 2017, issued notice to the respondent on this application.

4.

Today when the matter is listed for considering the present application, though the respondents are served, only the counsel representing the respondent nos. 5 and 6 is present. However, for other respondents, nobody is present.

9-sast-13916-15 5.

Learned counsel for the applicants submits that applicants got the knowledge of judgment and decree of the Appellate Court in March, 2015, on service of notices for bringing them as legal heirs of late Gopalrao Satpute who died on 28.09.2014 after the judgment dated 01.09.2014. According to the learned counsel for the applicant, because the applicants were not having knowledge about the impugned judgment and decree they could not contact the counsel and could not take necessary steps for filing the second appeal.

6.

Learned counsel for the respondent nos. 5 and 6 strongly opposed the application and prays for rejection of the application.

7.

After going through the contents of the application, I am of the opinion that sufficient cause is shown by the applicant to explain the delay of 233 days in filing the second appeal.

8.

In view of that matter for the reasons stated in the application, the application is allowed. The delay caused in filing the second appeal is condoned. The civil application is disposed off. 9.

Office is directed to register the Second Appeal and place the same before the Court in regular course.

JUDGE sknair