Vijay S/O Mahadeorao Raut v. Nana S/O Mahadeorao Raut

cas609.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) No.609 OF 2024 IN SECOND APPEAL ST. No.4088 OF 2024 (Vijay s/o. Mahadeorao Raut Vs. Nana s/o. Mahadeorao Raut) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. G.R. Bhake, Advocate for appellant.

Mr. P.S. Patil, Advocate for respondent.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 20 th SEPTEMBER, 2024.

1.

This is an application for condonation of delay of 39 days caused for preferring second appeal. 2.

Perused the application.

3.

Heard learned Advocates of both sides.

4.

Learned Advocate for the respondent pointed out para No.3 of the application that the mother of the applicant Kalawatibai Mahadeo Raut though died on 13.1.1996. It is stated in the application that the applicant was looking after his mother, who was suffering from illness. Therefore, he could not take steps to file appeal. The death certificate of Kalawatibai is filed today. It is marked as X1. He further submitted that the applicant is having genuine problem of money and due to paucity of funds and due to family and agricultural problems the applicant could not arrange amount for expenses of filing of the appeal. It is further pointed out that the applicant is

cas609.24.odt 2/3 burden with the family responsibility of his family, therefore, also he could not contact his Advocate. 5.

Learned Advocate for the respondent therefore strongly opposed the application and submitted the order of this Court dated 2.1.2024, passed in Civil Application (CAS) No.853/2019 (Gunwant Amrutrao Dhobale (dead) through its LRs. Vs. Padmabai w/o. Hanumanprasad Atal), in which it is held that the applicant has not came before the Court with clean hands. Therefore, he is not entitled for the relief. Learned Advocate for the respondent lastly prayed to reject the application.

6.

Learned Advocate for the appellant submitted that by mistake in para No.3 the wrong ground is raised without taking information from the applicant. He, therefore, prayed that in the interest of justice the application be allowed.

7.

Perused the application and order of Gunwant Amrutrao Dhobale (Supra) relied upon by the respondent. 8.

Considering the fact that false ground is taken by the applicant that though his mother died on 13.1.1996 that he has to look after his mother and, therefore, he could not take the steps.

9.

However, there are other grounds that because of applicant's financial responsibility as well as paucity of funds/money he could not file the appeal. It appears that in para No.3 of the application the applicant has taken wrong stand. However, considering the period of delay of 39 days and the peculiar set of the facts of the case, it appears that delay is not caused deliberately.

cas609.24.odt 3/3 10.

Considering all these aspects, the delay of 39 days deserves to be condoned in the interest of justice. 11.

The application is allowed.

12.

The delay of 39 days caused in filing second appeal is condoned.

13.

The application is disposed of.

SECOND APPEAL ST.

No.

OF 2024.

1.

Issue notice to the respondent.

2.

Mr. P.S. Patil learned Advocate waives service of notice on behalf of respondent.

3.

Stand over to 30.9.2024.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 21/09/2024 17:20:23