COURT OF JUDICATURE AT BOMBAY BENCH AT…
The Application for condonation of delay is disposed of, and a direction is given to register the Second Appeal, with due verification required.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
908 CIVIL APPLICATION NO.9392 OF 2021
IN SA/374/2021
KASHIBAI MAHADEV BHAGAT ALIAS KASHIBAI (SHARDA) RAMLING RAUT
VERSUS
PRABHAVATI PRABHUAPPA MAKANE
Mr. V.D. Salunke, Advocate h/f Mr. D.H. Jadhavar, Advocate for the applicant
CORAM :SMT. VIBHA KANKANWADI, J.
DATE:25th NOVEMBER, 2021
PER COURT:
1Though the application has been filed for condonation of delay
to get the delay in filing Second Appeal condoned, it appears that it is due to
mistake or as a safeguard, however, in view of Hon’ble Supreme Court
holding in Miscellaneous Application No.665 of 2021 in SMW(C) 3 of 2020
dated 23.09.2021 and explaining the period of limitation, the Second Appeal
is within limitation. Therefore, the said application stands disposed of.
Registry to verify and register the Second Appeal.
2Today the learned Advocate Mr. V.D. Salunke holding for learned
Advocate Mr. D.H. Jadhavar submits the substantial questions of law which
2 CA_9392_2021
remains to be annexed to the appeal memo. They are taken on record and
marked as Exh. “X”. It appears that the paper book has not been filed as per
the Practice Note dated 01.07.2021. Appellant to produce it on or before
29.11.2021.
3 Stand over to 03.12.2021.4Learned Advocate submits that tomorrow the Executing Court
has kept the date and even the warrant has been issued. In view of the fact
that now the Second Appeal is taken up for admission, the Executing Court
not to go ahead with the further stages till the next date.
( Smt. Vibha Kankanwadi, J. )
agd
3 issues framed by the court
Whether the condonation of delay application should be disposed of given the Supreme Court's holding on the limitation period for second appeals.
Whether the Executing Court should proceed with further stages after the Second Appeal has been taken up for admission.
Whether the practice note regarding the filing of paper book is directed to the appellant.
Colour shows how this judgement treated each authority
Miscellaneous Application No.665 of 2021 in SMW(C) 3 of 2020 dated 23.09.2021Referred¶9
KASHIBAI MAHADEV BHAGAT ALIAS KASHIBAI (SHARDA) RAMLING RAUT
PRABHAVATI PRABHUAPPA MAKANE
VIBHA KANKANWADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court