Lakshmiputra Karbasappa Tolnur v. Vastushodh Erectors L L P Thorugh Its Partner Sachin Balkrishna Kulkarni

13-SA-437-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.437 OF 2025 Lakshmiputra Karbasappa Tolnur & Ors.

...Appellants

Versus

Vastushodh Erectors LLP through its Partner Sachin Balkrishna Kulkarni

...Respondent

Mr. Vipul Patil i/b. Mr. Prashant Aher, for the Appellants.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

29th JULY 2025 PC:- 1.

Heard Mr. Patil, learned Counsel appearing for the Appellants.

2.

The following substantial questions of law arise in this Second Appeal:

(a) Whether the learned Maharashtra Real Estate Digitally signed by SONALI MILIND PATIL Date:

2025.07.29 16:57:55 +0530 Appellate Tribunal, Mumbai has passed the impugned SONALI MILIND PATIL order dismissing the delay condonation application filed by the Appellant without considering reasons assigned for the delay?

Sonali

13-SA-437-2025.DOC (b) Whether in the facts and circumstances, the learned Maharashtra Real Estate Appellate Tribunal should have allowed the delay condonation application? 3.

In view of the above substantial questions of law, issue notice to the Respondents, returnable on 12th August 2025 at 03:00 p.m..

4.

In addition to the Court notice, the Appellants to serve the Respondents by private service and file affidavit of service before the returnable date.

5.

Parties are put to notice that subject to the convenience of the Court, the Second Appeals will be heard finally on the returnable date.

6.

To be listed along with Second Appeal No.417 of 2025, Second Appeal No.418 of 2025, Second Appeal No.419 of 2025, Second Appeal No.420 of 2025, Second Appeal No.421 of 2025, Second Appeal No.422 of 2025 and Second Appeal No.423 of 2025.

[MADHAV J. JAMDAR, J.] Sonali