Janabai Mahadev Nidhore And Others v. Anubai Dadu Nidhore (Deceased Thru Lrs) And Otehrs

47 CAS 860.19 in SAst 36249.19 with CAS 110.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHALCHANDRA GOPAL DUSANE CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE Date: 2023.07.24 16:49:47 +0530 CIVIL APPLICATION NO.860 OF 2019 IN SECOND APPEAL (ST.) NO.36249 OF 2018 WITH CIVIL APPLICATION NO.110 OF 2019 Janabai Mahadev Nidhore & Ors.

...Applicants V/s.

Anubai Dadu Nidhore (since decd.)

...Respondents

thru' legal heirs Ashok Dadu Nidhore & Ors.

Mr. Sandesh Darade h/for Mr. Yuvraj P. Narvankar for Applicants

CORAM:

MADHAV J. JAMDAR, J.

DATE:

19th July 2023 P.C.:

1.

The Civil Application is taken out for condonation of delay of 2 years and 59 days in filing the Second Appeal. 2.

Learned Counsel appearing for the Applicants states that the impugned judgment and decree of the learned First Appellate Court is dated 21st July 2016. However, the Applicants filed Review Petition on 7th September 2016 and the same was dismissed on 6th September 2018 and thereafter immediately the Second Appeal is filed.

47 CAS 860.19 in SAst 36249.19 with CAS 110.doc 3.

Although the Respondents are served, none appears for them.

4.

For the reasons set out in the application, the same is allowed in terms of prayer clause (a).

(MADHAV J. JAMDAR, J.)