Vijay Vasantrao Lolge v. Sudhir Vasantrao Lolge And ORS
VARSHA VIJAY RAJGURU VARSHA VIJAY RAJGURU Date: 2024.07.19 14:39:15 +0530 43-ia-8340+2024-ia-8341-2024.doc varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8340 OF 2024 WITH INTERIM APPLICATION NO. 8341 OF 2024 IN SECOND APPEAL (St.) NO. 6588 OF 2024 Vijay Vasantrao Lolge ... Applicant/Appellant vs.
Sudhir Vasantrao Lolge and Ors ... Respondents MS. Preeti Walimbe h/f. Bhushan Walimbe, for Appellant. CORAM : GAURI GODSE, J.
DATED : 12th JULY 2024 ORDER:
INTERIM APPLICATION NO. 8340 OF 2024 1.
The application is for condonation of a delay of 68 days in filing the Second Appeal. Learned counsel for the appellant submitted that the Second Appeal raises substantial questions of law on the point whether the agreement executed by the defendant would be binding upon the minor children in the absence of permission as contemplated under Section 8(2) of the Hindu Minority and Guardianship Act, 1956.
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43-ia-8340+2024-ia-8341-2024.doc 2.
Learned counsel for the applicant further submits that the applicant is willing to secure the amount of Rs. 2,00,000/- which according to the appellant was an amount paid by the plaintiff by way of a friendly loan. The applicant is permitted to deposit an amount of Rs. 2,00,000/- in this court within six weeks from today. 3.
It is clarified that the said deposit is without prejudice to the rights and contentions of both parties. It is further clarified that the applicant shall not be entitled to claim any equity on the grounds of depositing the said amount.
4.
Learned counsel for the applicant submits that the reasons for the condonation of delay are explained in paragraph nos. 6 and 7 of the application.
5.
On the applicant depositing the aforesaid amount within six weeks, office is directed to issue notice to the respondents returnable six weeks thereafter.
6.
In addition to Court notice, applicant to serve the respondents, by private notice and file affidavit of service before the next date.
(GAURI GODSE, J.) Page no. 2 of 2