Allowed

Shivappa Sidram Kawachale v. Ramling Sidram Kawachale

Bombay HC14 Aug 2012CAS/659/2012

Case brief

AI extract

What is this about?

The court allowed the applicant's civil application for condonation of a 66-day delay in filing a second appeal, considering the applicant's senior citizenship, ill health, and financial constraints. Costs of Rs.2,500 were awarded to the respondents.

What did the court decide?

The 66-day delay in preferring the second appeal is condoned on payment of costs of Rs. 2500 to the respondents within four weeks.

Shivappa Sidram Kawachale Vs Ramling Sidram… — Civil Procedure and Limitation | Bombay HC (2012)

¶1

924 cas659-12.sxw

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

CIVIL APPLICATION NO.659 OF 2012 IN

¶6

SECOND APPEAL ST.NO.8158 OF 2012

¶7

Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

¶8

Mr.Anand S. Kulkarni for the applicant

¶9

Mr.G.R.Kanchanpurkar for respondent nos.1 and 2

¶10

CORAM : K.K.TATED, J. DATE : 14/08/2012

¶11

PC :

¶12

Heard the learned counsel for the parties.

¶13

This application is preferred by original plaintiff for condonation of delay in preferring the Second Appeal against the judgment and decree dt.20.10.2011 passed

¶14

by District Judge1, Pandharpur in Regular Civil Appeal No.121 of 2008.

¶15

The learned counsel for the applicant

1/3

924 cas659-12.sxw

states that applicant is a Senior Citizen and not keeping well because of old age and therefore, there is a delay in preferring the present Second Appeal. He further states that because of financial difficulty also, there is a delay on the part of applicant to prefer the present Second Appeal.

¶20

On the other hand, the learned

¶21

counsel for the respondents vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of 66 days delay in preferring the present Second Appeal.

¶22

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing this Civil Application on payment of cost to the other side. Hence, Civil Application is allowed in terms of

2/3

924 cas659-12.sxw

prayer clause (a) which reads thus:

¶27

“This Honourable High Court be pleased to condone the delay of 66 days in preferring present Second Appeal.”

¶28

Applicant to pay cost of Rs.2500/ to the respondent nos.1 and 2 within four weeks from today.

¶29

Civil Application is disposed of

accordingly.

(K.K.TATED, J.)

Mohite

3/3

Shivappa Sidram Kawachale v. Ramling Sidram Kawachale

Case brief

What is this about?

What did the court decide?

Shivappa Sidram Kawachale v. Ramling Sidram Kawachale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dadaso Maruti Mane Vs Shri Kashinath Amrut Bellenavar

Arjun Dewoo Rokade Vs Sadashiv Dhondu Rokade

Dadaso Maruti Mane Vs Shri Kashinath Amrut Bellenavar

Jagannath Krishna Karle Vs Bhalseth Babaji Mudras

Musa Fakruddin Shaikh Vs State of Maharashtra and Ors.

1 Shri Maruti Vishnu Langute Vs 1 Smt. Parubai Gangaram Langute