KAMLABAI POPAT DOMALE Vs. SHAHABAI BAJIRAO DOMALE

JUDGEMENT

(1.) Present appeal has been filed by original defendant Nos.1 and 5 challenging the judgment and order passed in Miscellaneous Civil Application No.342 of 2012 by learned Adhoc District Judge-3, Ahmednagar on 02.01.2016, whereby their application for condonation of delay of 2236 days in filing Regular Civil Appeal came to be dismissed.

(2.) Present respondent Nos.1 and 2 are the original plaintiffs, who had filed Regular Civil Suit No.145 of 1999 before learned Civil Judge Junior Division, Rahuri, Dist. Ahmednagar for partition and separate possession of the suit properties, which were stated to be the joint family properties of the plaintiffs and defendants. The said suit proceeded exparte and was decreed on 03.08.2006. It was declared that the plaintiffs are having 1/2 share jointly in the joint family properties descried in paragraph No.1 of the plaint. Directions were given for effecting partition and separate possession thereof. The present appellants were the original defendant Nos.1 and 5. They filed said Miscellaneous Civil Application No.342 of 2012 for condoning the delay in filing Regular Civil Appeal and it had been rejected. Hence, this second appeal.

(3.) Heard learned Advocate Mr. V. R. Dhorde for appellants and learned Advocate Mr. R. S. Kasar for respondent Nos.1 to 3.