Prithviraj K. Chavan, J., considered an interim application seeking condonation of delay in filing paper books in Second Appeal No. 416 of 2006. The judge admitted the applicant's counsel, heard arguments, and reserved the order until 2nd November, 2020, after the applicant sought time to submit medical papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9-94179-2020-IAst=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST.) NO. 94179 OF 2020
IN
SECOND APPEAL NO. 416 OF 2006
Smt. Babakka Yallapa Orase .. Applicant
Vs.
Sukhadeo Vyankat Dhotre & Ors. .. Respondents
Mr. Nilesh V. Joshi for the applicant
Mr. Abhijeet Kulkarni for respondent nos. 1a to 1d
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 19th OCTOBER, 2020
(Through Video Conferencing)
P.C.
1.Pursuant to an order passed by this Court on 21st September,
(Coram : S.C. Gupte, J.), the present fresh interim application for
condonation of delay by joining legal heirs of deceased respondent
no.1 has been moved.
2. Heard the learned Counsel for the applicant.
3.The prayer is to condone the delay of 13 years 177 days in
filing the paper book and setting aside the dismissal order.
4.According to the learned Counsel for the applicant, the delay
has been caused primarily due to medical history of applicant’s son,
who is said to have been suffering from short term memory loss.
Digitally signed by UDAY UDAY SHIVAJI JAGTAP SHIVAJI Date: JAGTAP 2020.10.1919:04:55 +0530
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9-94179-2020-IAst=.doc
5.The learned Counsel for the respondents, however, strongly
opposed the alleged illness of the applicant’s son, as, according to
him a false ground has been raised. The respondents’ Counsel has
tendered affidavit-in-reply along with certain photostat copies of
photographs depicting celebration of some marriage ceremony inter
alia indicating presence of the applicant’s son.
6. The learned Counsel for the applicant seeks time to place on record the medical papers qua the ailment of her son.
7. In that view of the matter, stand over to 2nd November, 2020.
8. This order shall be digitally signed by the Private Secretary of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order.
(PRITHVIRAJ K. CHAVAN, J.)
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2 issues framed by the court
Whether to condone the delay of 13 years 177 days in filing the paper book.
Whether to accept the applicant's son's alleged medical history as the cause for delay.
Smt. Babakka Yallapa Orase
Sukhadeo Vyankat Dhotre
Prithviraj K. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court