MEERA TUKARAM NAIK Vs. GIVAJI BALKRISHNA SINAI

JUDGEMENT

(1.) The Second Appeal is directed against an order dated 20th February 2017 of the Ad-hoc District Judge, at Ponda in Civil Misc Application No.249/2016. The Appellant sought by this miscellaneous application that a quite considerable delay of 1577 days in filing the First Appeal be condoned. In the Second Appeal there are, from paragraphs 3(a) to 3(j) reasons, given for the delay. The Appellant is 70 years old. She had several health problems. Respondent No.5 is her daughter. Before the First Appellate Court, the Appellant and the present Respondent No.5 were, respectively, Respondents No.1 and 4.

(2.) It is difficult, having regard to what is set out, to refuse the Appellant the relief sought. The appellate order is at page 44. It appears that medical certificates were produced. The explanation of the present Appellant that she believed that her daughter, present Respondent No.5, would be attending the case was also noted. Respondent No.5 had a difficult delivery and there were problems of postnatal care.

(3.) The First Appellate Court was moved to comment on the conduct of the Appellant. Some learning was cited on the subject of delay.