Anusayabai Eknath Thakur and Ors. v. Sarubai Raghunath Thakur (Died) Kadu (Died) Ranjana and Ors.
Case brief
What is this about?
Condonation of delay; 1809 days; Section 5 Limitation Act; Section 299 Indian Succession Act; probate application; first appeal; District Judge Bhusawal no jurisdiction; appeal filed erroneously in good faith; Smt. Nola Jonathan Ranbhise Vs. The Union of India 2014 (4) ALL MR 181; Probate Application No. 1 of 2004 Jalgaon; judgment dated 30.10.2013; appeal No. 613 of 2014 decided 27.03.2018; First Appeal (ST) No. 1241 of 2019; Bombay High Court Aurangabad; Sanjay A. Deshmukh J; notice returnable 7th February 2025.
What did the court decide?
Delay of 1809 days in filing First Appeal (ST) No. 1241 of 2019 condoned; civil application allowed and disposed of. Notice in the first appeal made returnable on 7th February, 2025; Mr. S.R. Patil waived service for respondent Nos. 2-A to 2-D, 3 to 5-C and 7; record and proceeding called. ¶19