PUSHPA SAYAJI GAIKWAD Vs. NIRMALA PANDURANG GAIKWAD

JUDGEMENT

(1.) Appellant, original Defendant, has preferred the present Appeal against the Judgment and Order dated 17th October 2016 passed in Civil Misc. Appeal No. 451 of 2016 by the learned Adhoc District Judge-1, Pune, thereby rejecting the said application for condonation of delay of 589 days in preferring an appeal against the Judgment and Order dated 10th June 2014 passed in Regular Civil Suit No. 4936 of 2012 (Old Special Civil Suit No. 2769 of 2010), decreeing the said Suit filed by the Respondent herein.

(2.) Heard Mr.Wakankar, learned counsel for the Appellant and Mr.Shah, learned counsel for the Respondent. Perused record.

(3.) Record discloses that, the Appellant herein was original Defendant in Regular Civil Suit No. 4936 of 2012 (Old Special Civil Suit No. 2769 of 2010) filed by the Respondent for removal of encroachment committed by the Appellant and for compensation, before the 19th Civil Judge Junior Division, Pune. The Trial Court by its Judgment and Order dated 10th June 2014 was pleased to decree the said Suit. It appears that, in the said Suit the Appellant did not remain present despite service of summons and the said Suit was decreed as uncontested Suit.