Application to condone a delay of 1 year and 201 days in filing a second appeal, based on the applicant's father's illness and death and the applicant's own surgery, supported by medical papers and uncontroverted by respondents. The court found sufficient cause and allowed the application.
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.
20 CAS-697-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 697 OF 2019
IN
SECOND APPEAL (ST) NO. 75 OF 2019
Shyamsundar Haribhau Potre…Applicant/
…Appellant
Versus
Mohan Dadaram Tilekar And Ors.…Respondents
*****
Mr. Sagar A. Joshi, for Applicant.
None for Respondents.
*****
CORAM : M.M. SATHAYE, J.
DATE : 13th FEBRUARY 2024
P.C. :
.This is an application for Condonation of Delay of 1 year and
201 days in filing second appeal.
Digitally signed by HUSENBASHA HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2024.02.15 10:12:45 +0530
2.Heard learned counsel for the Applicant. Office note shows that
Respondent Nos.1 and 2 are duly served and Respondent No. 3 is
represented by an Advocate whose name is appearing on board.
Despite that, none appears for the Respondents. No reply is filed
opposing present application.
3.Perusal of the para 4 of the application shows that the reason
for delay is stated to be due to ill health of the Applicant’s father who
expired after the impugned order and also due to the fact that the
Applicant has himself undergone surgery. Medical papers and
Page 1 of 2
Husen
20 CAS-697-2019.doc
certificates are produced on record in support of the submission.
4.Considering the extent of delay and averments in the
application offering explanation, which are uncontroverted and
considering that medical ground is pleaded, sufficient cause is made
out. Hence, civil application is allowed in terms of prayer clause (a).
Delay is condoned.
5.All concerned to act on duly authenticated or digitally signed
copy of this order.
(M.M. SATHAYE, J.)
Page 2 of 2
Husen
1 issue framed by the court
Whether delay of 1 year and 201 days in filing the second appeal should be condoned.
Shyamsundar Haribhau Potre
Mohan Dadaram Tilekar
M.M. Sathaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court