LAWS(BOM)-2016-8-188

ISHWAR TULSIRAM WANJARI Vs. KAWDU SANTOSH KABHE

Decided On August 03, 2016
Ishwar Tulsiram Wanjari Appellant
V/S
Kawdu Santosh Kabhe Respondents

JUDGEMENT

(1.) Admit.

(2.) The lower appellate Court on 07.11.2015 has condoned the delay of 959 days (in the application, mentioned as 1000 days) caused in filing Misc. Civil Appeal No. 260 of 2015, challenging the decree passed by the trial Court granting declaration of title and possession of the suit property in favour of the plaintiff. This is the subject matter of challenge in this revision application.

(3.) The Case Of The RespondentDefendant Before The lower appellate Court in the application for condonation of delay was that the respondent was not served in the matter and the decree passed by the trial Court was exparte. The lower appellate Court has recorded the finding in paragraph No. 9 of the impugned order, which is reproduced below.