LAXMAN GANESH GAONKAR Vs. KISHORI SHARAD GAITHONDE

JUDGEMENT

(1.) Heard Mr. Ryan Menezes for the applicants/appellants.

(2.) Although service is yet to be completed in the several miscellaneous applications, including those seeking condonation of delay in recalling the order dismissing the main appeal or rather the application for condonation of delay in the main appeal for non-prosecution, there is no point in not allowing the applications for condonation of delay or restoring the application for condonation of delay in instituting the Second Appeal. This is because even after allowing the miscellaneous applications, there appears to be no case made out to admit the Second Appeal on merits.

(3.) Mr. Ryan Menezes was requested to address on the merits because substantial time has been spent in only effecting service or rather for want of effecting service upon the respondents in the civil applications. If, after all this exercise, it were to be found that there was no merit in the Second Appeal, then there was no purpose in going through this entire process.