The court dismissed the application for condonation of delay in filing a second appeal. The delay of 27 years was found insufficiently explained despite the appellant's reasons regarding family hardships.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1317 OF 2003
IN
SECOND APPEAL STAMP NO. 17543 OF 2001
Tarabai w/o. Dagdu Gaikwad ..Appellant
versus
Dada G. Kharat & ors. ..Respondents
Mr. L. S. Gaikwad for the Appellant.
Mr. G. N. Salunke for the Respondents.
CORAM : D. G. DESHPANDE,J.
DATE : 25TH AUGUST, 2005
P.C. :
1. Heard advocate for the appellant and the
respondents.
2. This is an appeal filed in 2001.
Application for condonation of delay is dated
25.6.2001. It is against the decree passed in the
year 16.1.1974. There is delay of 27 years and this
is a Second Appeal. Suit was of 1971. The appeal
was preferred against the judgment of the trial
court vide Appeal No. 40 of 1974 before the
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District Judge, Satara. She appointed Advocate
Palkar. She had tried to give explanation for the
delay of 25 years according to her but 27 years as
per the record. She has contended that in 1975 she
delivered male child, her husband got bed ridden in
1974. She had to work hard in the agricultural
land. Her husband died in 1981. Then for the first
time she could go to her Advocate in 2001 in Satara,
to make enquiries. Then she learnt that her
Advocate had died 10-12 years back and therefore for
the first time in January, 2001 she came to know
that the appeal is allowed by Judgment dated
4.9.1976. 25 years is too long a period to explain
and the explanation is not at all satisfactory.
There are no grounds to condone the delay. Hence
Application is dismissed.
25.8.2005 (D.G. DESHPANDE, J.)
1 issue framed by the court
Whether the delay of 27 years in filing the second appeal should be condoned.
Tarabai w/o. Dagdu Gaikwad
Dada G. Kharat & ors.
D. G. Deshpande
As recorded by the court registry
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