MANORAMABAI Vs. MUNICIPAL COUNCIL SAONER

JUDGEMENT

(1.) Delay condoned. Leave granted. Heard learned Counsel for the parties.

(2.) The first respondent Municipal Council, filed a suit for ejectment against three defendants (Shamrao, Dayaram and second respondent). The trial Court decreed the suit. The first defendant filed an appeal and during the pendency of the appeal he died and his seven L.Rs. were brought on record. The first Appellate Court rejected the appeal on 20.2.1993. Aggrieved by the rejection, the L.Rs. of the first defendant filed a second appeal (SA No. 92/1993) before the High Court of Bombay. The second appeal was admitted and was pending for more than a decade. No dates of hearing were being given. One of the L.Rs. of the first defendant, namely appellant No. 3 before the High Court (Dadasao Shamrao Saoji), died in the year 1996. An application for setting aside the abatement with an application for condonation of delay and an application for bringing L.Rs. of the deceased third appellant were filed in the year 2003. The High Court rejected the applications on 27.7.2005 as it was not satisfied with the reasons assigned for condoning the delay.

(3.) Thereafter, the plaintiff (first respondent) filed an application for dismissal of the second appeal on the ground that the appeal having abated in respect of third appellant should be deemed to have abated in regard to all the appellants. The High Court accepted the said contention and dismissed the appeal on 13.12.2006. Feeling aggrieved, the appellants in the second appeal have filed this appeal by special leave challenging the orders dated 27.7.2005 and 13.12.2006.