Single-judge High Court allowed the Civil Application condoning 142 days of delay in filing the second appeal. On merits, the appeal was dismissed as no substantial question of law existed given the upset mutation entry.
Delay condoned; Civil Application allowed; Special Civil Suit Appeal dismissed.
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.
ca8308.15
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8308 OF 2015 IN/WITH SECOND APPEAL (ST.) NO. 3041 OF 2015
Mr A. V. Hon, Advocate for applicant
CORAM : N.W. SAMBRE, J.
DATE : 21st July, 2017
ORAL ORDER
For the reasons disclosed in the application, delay of 142 days caused in filing second appeal stands condoned. Civil Application stands allowed.
ca8308.15
(2)
sjk
3 issues framed by the court
Whether delay of 142 days in filing the second appeal be condoned.
Whether a substantial question of law arose from the decree in the underlying special civil suit regarding title and mutation entry.
Whether the appeal requires to be allowed or dismissed on merits at the admission stage.
The Municipal Corporation, Latur
Babulal s/o Lakhamsi Patel
Samji s/o Lakhamsi Patel
Deelip s/o Lakhamsi Patel
Narsing s/o Lakhamsi Patel
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
