VITHAL Vs. AKRAMBEE

JUDGEMENT

(1.) The appeal is filed against the decision of Misc Civil Application No.7/2014 which was pending in the Court of the District Judge-1 Kandhar, District Nanded. The application was filed by the present appellant for condonation of delay caused in filing appeal against the judgment and decree of Regular Civil Suit No.5/1985 which was pending in the Court of the Civil Judge, Junior Division, Mukhed, District Nanded. Both the sides are heard.

(2.) It is the case of the appellants that applicant No.1-1 is an old lady and she used to remain sick due to blood pressure and diabetes. It is contended that due to physical condition of applicant No.1-1, appeal could not be filed in time and the delay was not caused intentionally. There was delay of 9 months and 21 days.

(3.) The suit was filed by respondent No.1 against present appellants and also against respondent Nos.2 and 3 for relief of possession of house property on the basis of title. The application for condonation of delay was opposed by respondent No.1-A and 1-B by contending that no sufficient cause is shown. It was contended by these respondents that Regular Civil Suit No.5/1985 was taken upto Supreme Court only on the point of valuation and due to delaying tactics played by defendants the suit came be decided after 30 years. It is contended that further delay was caused in filing appeal by the applicants as they wanted to protract the things.