Allowed

Priya Baswaraj Mahajan and Others v. Baswaraj Bandiappa Mahajan and Another

Bombay HC17 Nov 2021CA/3754/2020

Case brief

AI extract

What is this about?

This application sought condonation of an 89-day delay in filing a Second Appeal in a partition suit. The Court allowed the application on a liberal approach, noting the applicants are minors dependent on an agriculturist mother and the case involves rural education, despite respondent objections. The appeal was registered and listed for admission.

What did the court decide?

Cconddonation off 89 days delay in filing Second Appeal allowed; Registry to verify, register appeal and list for admission on 20.12.2021.

Priya Baswaraj Mahajan and Others Vs Baswaraj Bandiappa Mahajan and… — Partition | Bombay HC (2021)

¶1

(1)

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

906 CIVIL APPLICATION NO.3754 OF 2020 IN SAST/34735/2018

¶4

PRIYA BASWARAJ MAHAJAN AND OTHERS VERSUS BASWARAJ BANDIAPPA MAHAJAN AND ANOTHER

¶5

Advocate for Applicants : Mr.Harshal P. Ranshir, Adv, h/for Mr. Shivpuje Anil S. Mr. R. B. Deshmukh, Adv. For R/2

¶6

 -----

¶7

CORAM: SMT.VIBHA KANKANWADI,J.
DATE : 17th November, 2021

¶8

PER COURT :-

¶9

1.Present application has been filed for
getting the delay of 89 days condoned in filing the
Second Appeal.

¶10

2.Heard learned Advocates appearing for
the respective parties. In order to cut short it
can be stated that both of them have made
submissions in support of their respective
contentions.

¶11

3.Present applicants are original
plaintiffs, who had filed the suit for partition,
which came to be dismissed and their Appeal has
also been dismissed. Respondent No.1 is husband of
applicant No.4 and father of applicant Nos.1 to 3.
The applicants state that applicant No.4, who is
looking after applicant Nos.1 to 3 and taking care

¶12

(2)

¶13

of their education, could not contact the Advocate
and arrange for money.

¶14

4.Though learned Advocate appearing for
Respondent No.2 is strongly objecting, taking into
consideration his rights claimed in the immovable
property and also the fact that applicant Nos.1 to
3 are taking education and applicant No.4 is an
agriculturist coming from rural area, and by taking
a liberal approach, the application deserves to be
allowed. Accordingly it is allowed and disposed
of. Registry to verify and register the Second
Appeal.

¶15

5.The applicants-appellants to file paper
book of first Appellate court, by serving an
advance copy thereof to other side and also the
documents as per the Practice Note dated 1.7.2021
within a period of four weeks and thereafter the
Second Appeal be listed for admission on
20.12.2021.

¶16

(SMT. VIBHA KANKANWADI) JUDGE

¶17

BDV

Priya Baswaraj Mahajan and Others v. Baswaraj Bandiappa Mahajan and Another

Case brief

What is this about?

What did the court decide?

Priya Baswaraj Mahajan and Others v. Baswaraj Bandiappa Mahajan and Another

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

Dagadu Dhondiba Gaikwad Vs Kalyan Bhimrao Shiketod and Others

Dagadu Dhondiba Gaikwad Vs Kalyan Bhimrao Shiketod and Others

Baban Bajirao Dhawale Vs Datta Yashwanta Lad

Mangalabai Sukhdeo Dahigude Vs Suryabhan Tukaram Dhaigude and Ors.

Sayed Nasir Sayad Maheboob Vs Deelip Pralhad Supe and Another

Suryabhan Tukaram Dhaigude and Ors. Vs Aashabai Abhiman Dhalgude and Anr.