TULSHIRAM MARUTI Vs. RAJARAM MARUTI GIRME

JUDGEMENT

(1.) Civil Application No.879 of 2015 is taken out by the Applicant (Orig. Plaintiff) for restoration of the Second Appeal and for condoning the delay of 1 year and 256 days in filing the said Application for restoration.

(2.) Heard learned counsel appearing for the Applicant and the Respondents and also perused the Civil Application. In Paragraph Nos.7 to 10, the Applicant has stated that he was not in his frame of mind in view of the constant deaths in the family of his relatives one after another and it is stated in the Application that he was unable to take effective steps. Further in Paragraph No.11, the Applicant has put forth a further cause stating that he was also prone to several diseases and due to the sufferings from various ailments mainly on account of his advance age, he was not able to approach his advocate on record and obtain the case status. Along with the Civil Application, the Applicant has placed on record the medical certificates which justify his cause stated in Paragraph No.11 of the Application.

(3.) The Application is opposed by the learned counsel for the Respondents and he would submit that there is gross delay of approximately two years and the same is not sufficiently explained.