Dismissed

Jugalkishor Shivprasad Bhakkad and Another v. Bhanudas Sitaram Ubale and Others

Bombay HC14 Jul 2017CA/130/2017

Case brief

AI extract

What is this about?

The Court dismissed the applications for condonation of delay and the second appeal. The applicants failed to substantiate their claim of erroneous legal advice, and the Court rejected the explanation as lacking bona fides.

What did the court decide?

Application for condonation of delay rejected; Second Appeal and application for stay dismissed.

Jugalkishor Shivprasad Bhakkad and Another Vs… — Civil Procedure and Limitation | Bombay HC (2017)

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129.17ca

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 CIVIL APPLICATION NO. 129 OF 2017
WITH
CIVIL APPLICATION NO.130 OF 2017
IN
SECOND APPEAL (ST) NO.372 OF 2017

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1.Jugalkishor Shivprasad Bhakkad,
Age: 60 years, Occ: Business
& Agri., R/o. Sambhaji Nagar,
Jalna, Tq. Jalna, Dist. Jalna.

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2. Ashokkumar Champalal Luniya, Through G.P.A. holder Age: 55 years, Occ: Business & Agri., R/o. Sambhaji Nagar, Jalna, Tq. Jalna, Dist. Jalna. ..APPLICANTS

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VERSUS

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1.Bhanudas s/o Sitaram Ubale,
Age: Major, Occ: Agri.,
R/o. Pritisudha Nagar,
Jalna, Tq. & Dist. Jalna.
2.Vishnu s/o Abaji Giram,
Age: Major, Occ: Agri.,
R/o,. Shakuntala Nagar,
Mantha Road, Jalna,
Tq. & Dist. Jalna.
3.Raosaheb s/o Baburao Mulay,
Age: Major, Occ: Agri.,
R/o. Rammurti, Tq. & Dist. Jalna.
4.Gorakhnath s/o Balabhau Muley,
Age: Major, Occ: Agri.,
R/o. Rammurti,
Tq. & Dist.Jalna...RESPONDENTS

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129.17ca

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(2)

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Mr R.F. Totla, Advocate h/f Ms. S.R. Totla,
Advocate for applicants;
Mr J.K. Bhalmode, Advocate for respondent Nos. 1
and 2;

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Mr D.P. Palodkar, Advocate for respondent Nos. 3
and 4

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CORAM : N.W. SAMBRE, J.
 DATE : 14th JULY, 2017

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ORAL ORDER :

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Second appeal is accompanied with

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application for condonation of delay praying that
delay of 1414 days be condoned. In the application,
cause cited is, lawyer has advised the applicants
not to file second appeal, as the judgment could be
covered within purview of proceedings before the
revenue authorities.

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2.Reliance is placed on the judgment of the

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Apex Court in the matter of N. Balkrishnan vs

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M.Krishnamurthy, reported in A.I.R 1998 SC 3222,
particularly paragraphs-8,9 and 10 thereof.

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3.What is required to be noted is, this

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Court is not concern with the length of delay that

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129.17ca

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(3)

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is caused, but the reasons and bonafides of the

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applicant. The applicants have tried to blame
their lawyer for incorrect advise. They have
neither issued notice nor filed affidavit of such
lawyer on record to justify the cause in support of
condonation of delay sought to be canvassed through
application.

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4.This Court, now-a-days, routinely noticing
such conduct of the parties, who start blaming
their lawyers without any basis or in absence of
substantiating any material to that effect.

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5.Apart from above, it is required to be

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noted that the lawyer, who represented present
applicants before the trial Court also represented
them in appeal, wherein the applicants preferred
appeal being aggrieved by the judgment of trial
Court. It is really hard to digest that lawyer, who
has represented them in both the Courts below will
advise them not to file second appeal.

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129.17ca (4)

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6.In the aforesaid background, having

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noticed that cause cited in support of condonation
of delay is not acceptable as not moved with any
bonafide intention. The application fails, stands
rejected.

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7.Consequently, Second Appeal and civil

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application for stay also stand dismissed.

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Tupe

Jugalkishor Shivprasad Bhakkad and Another v. Bhanudas Sitaram Ubale and Others

Case brief

What is this about?

What did the court decide?

Jugalkishor Shivprasad Bhakkad and Another v. Bhanudas Sitaram Ubale and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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