NANDABAI RAMLING AVDHUT Vs. MAHANANDA @ ANNAPURNA KARANDE

JUDGEMENT

(1.) Present application has been filed for getting the delay of 1061 days condoned in filing second appeal.

(2.) Present applicants are the original plaintiffs who had filed Regular Civil Suit No.38 of 2001 before learned Civil Judge, Junior Division, Bhoom for partition and separate possession. The said suit came to be decreed on 10/12/2007. They were granted 1/12th share each in the suit property when they were claiming in fact 1/2 share. Under the said circumstance, original plaintiff No.1 preferred Regular Civil Appeal No.156 of 2014 (old RCA No.310 of 2010) before learned District Judge-1, Bhoom. The said appeal came to be dismissed on 01/01/2016. It will not be out of place to mention here that the present applicant No.2 was respondent No.3 in the first appeal, however, she had then again filed Miscellaneous Civil Application No.12 of 2018 for condonation of delay in filing first appeal before learned District Judge-1, Bhoom. The said application was objected by respondents No.1 and 2 therein by filing written statement and, thereafter, by filing pursis at Exhibit 10 stating that she would file second appeal, she had withdrawn that civil miscellaneous application on 28/01/2019. Now in this application for condonation of delay, the applicants intend to challenge the Judgment and decree passed by the Courts below in Regular Civil Suit No.38 of 2001 as well as Regular Civil Appeal No.156 of 2015, however, as there is delay of 1061 days, this application has been filed under Sec. 5 of the Limitation Act.

(3.) Heard learned Advocate Mr. S. V. Deshmukh holding for Advocate Mr. R. A. Deshmukh for applicants and learned Advocate Mr. A. N. Nagargoje for respondents.