Allowed

1. Ramchandra Tatya Zambre Since Deceased through His Legal Heirs v. 1. Pandurang Tatya Zambre Since Deceased through Legal Heirs

Bombay HC14 Jun 2023IA/2430/2023

Case brief

AI extract

What is this about?

This interim application seeks condonation of a 3-year and 20-day delay in filing a Second Appeal, citing lack of awareness about limitation and the COVID pandemic. The High Court allowed the application upon payment of Rs. 10,000 as costs.

What did the court decide?

The Interim Application is allowed on the condition that Applicants pay Rs. 10,000 cost to Respondents within four weeks.

1. Ramchandra Tatya Zambre Since Deceased… — Civil Procedure and Limitation | Bombay HC (2023)

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10.IA.2430.23.doc

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Harish

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.2430 OF 2023 IN SECOND APPEAL (ST) NO.3339 OF 2023

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Ramchandra Tatya Zambre (Since deceased through LR’s)

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a. Bayakka Ramchandra Zambre & Ors.

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...Applicants

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Versus

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Pandurang Tatya Zambre (Since deceased through LR’s)

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a. Indubai Pandurang Zambre & Ors.

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…Respondents

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Mr. Anilkumar K. Pati, for the Applicants.

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Mr. Sejal A. Hariyan i/b P. Padmanabh & Associates, for the Respondents.

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CORAM : MADHAV J. JAMDAR, J.

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DATE : 14^th JUNE, 2023

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P.C.:

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Heard Mr. Patil, learned counsel appearing for the Applicants and Ms. Hariyan, learned counsel appearing for the Respondents.

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This Interim Application is taken out for condonation of delay. There is delay of 3 years and 20 days in filing the Second Appeal. Mr. Patil, learned counsel appearing for the Applicants submitted that, the impugned order of the learned First Appellate Court is dated 5^th October, 2019. He submitted that, the

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10.IA.2430.23.doc

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Applicants were not aware about the limitation period to file the Second Appeal as well as in the meanwhile due to COVID pandemic no steps could be taken by them.

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Ms. Sejal, learned counsel appearing for the Respondents submitted that, the order of the learned First Appellate Court is dated 5^th October, 2019 and therefore, the reason given regarding the COVID pandemic is not relevant. It is the submission of the learned counsel appearing for the Respondents that, the reason given in paragraph No. 6 by the Applicants that, they were new to the procedural part is not correct. Therefore it is the contention of learned counsel appearing for the Respondent that, the Interim Application is liable to be dismissed.

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Perusal of the contents of the Interim Application, shows that although, the impugned order of the learned First Appellate Court is dated 5^th October, 2019, however sufficient reasons are set out in the Interim Application for the condonation of delay.

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Although I am inclined to condone the delay, the Applicants are required to pay cost to the Respondents.

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Therefore, the Interim Application is allowed in terms of prayer clause (a) on the condition that, the Applicants to pay cost of Rs. 10,000/- to the Respondents and the same will be accepted by Respondent No. 1(b) on behalf of all the Respondents. The said cost be paid within a period of four weeks from today.

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10.IA.2430.23.doc

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The Interim Application is disposed of in above terms with

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no order as to costs.

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(MADHAV J. JAMDAR, J.)

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1. Ramchandra Tatya Zambre Since Deceased through His Legal Heirs v. 1. Pandurang Tatya Zambre Since Deceased through Legal Heirs

Case brief

What is this about?

What did the court decide?

1. Ramchandra Tatya Zambre Since Deceased through His Legal Heirs v. 1. Pandurang Tatya Zambre Since Deceased through Legal Heirs

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

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