Single-judge order condoning 273 days delay in filing a second appeal due to applicants' illiteracy and confusion regarding procedure. Appeal admitted for urgent hearing on merits.
Delay of 273 days condoned; second appeal registered and listed for urgent hearing on merits.
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49.125.19 cas.docx
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 125 OF 2019 CIVIL APPLICATION NO. 126 OF 2019 IN
SECOND APPEAL ST NO. 313 OF 2018
Kalavati Nagappa Birajdar and others .....Applicants
Vs.
IRESH MASHAL
Digitally signed by IRESH MASHAL Date: 2024.09.21 13:40:30 +0530
Sidharam Vitthal Patil
.....Respondent
Mrs. R. S. Baxi for the applicants Mr. Yogesh Thorat i/b Mr. A. B. Tajane for respondent nos. 1 and 2
CORAM : GAURI GODSE, J.
DATE : 13th SEPTEMBER 2024
ORDER:
not be filed in time. She therefore, requests that the delay be
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49.125.19 cas.docx
condoned and the appeal be heard on merits.
the ground that vague reasons are given in the application and the reasons are not acceptable.
the caption for “Urgent Admission” on on 2nd December 2024.
[GAURI GODSE, J.]
2/2
2 issues framed by the court
Whether delay of 273 days in filing the second appeal can be condoned given the reason of applicants' illiteracy and confusion.
Whether the stated reasons for delay are justifiable and acceptable for condonation.
IRESH MASHAL
Sidharam Vitthal Patil
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
