LATE PITAMBAR RAGHO DHANGAR THROUGH LRS. SMT. GOJARBAI PITAMBAR SULTANE Vs. LATE SITARAM RAGHO DHANGAR THROUGH LRS SMT. INDUBAI SITARAM SULTANE

JUDGEMENT

(1.) Present application has been filed for getting the delay of 1689 days condoned in filing second appeal.

(2.) Heard learned Advocate Mr. M. M. Bhokarikar for the applicants and learned Advocate Mr. S. H. Tripathi for respondent Nos.1 to 5.

(3.) It is contended by the applicants that present respondents/original plaintiffs have filed Second Appeal No.903 of 2016 along with application for condonation of delay and the said delay was condoned by this Court on 18/11/2016 and the appeal is registered, however, notice of the second appeal is not issued. The said appeal challenged the judgment and decree passed in Regular Civil Appeal No.9 of 2008 dtd. 6/1/2014 by learned District Judge, Amalner, which was arising out of the judgment and decree passed in Regular Civil Suit No.78 of 2003 dtd. 20/2/2008 by learned Civil Judge Junior Division, Chopda, Dist. Jalgaon. It is then contended that the issues and substantial questions raised are already pending for consideration before this Court. Present applicants are the original defendants, who had also filed counter-claim in the suit. The counter-claim was partly allowed and the suit was dismissed. The rejection of reliefs in counter-claim was agitated by them before the learned District Judge, Amalner in the appeal that was filed by the present respondents. They had not preferred a separate appeal, however, that has not been properly considered by the learned District Judge. They have every right to agitate the issue involved in the litigation and, in fact, it was not necessary for them to file separate independent appeal/cross appeal/cross objections challenging those issues, however, in order to avoid the complications, they are now preferring the separate appeal, however, there is delay which is not intentional. It is contended that the applicants are poor farmers and could not arrange for the amount to prefer second appeal. They are illiterate.