SHANKAR DOMAJI JAWANJEKAR Vs. SURESH RAMRAOJI TASARE

JUDGEMENT

(1.) Since identical issues arise in both these second appeals, they are being decided by this common judgment. Both the appeals are admitted and heard finally.

(2.) The appellants are the original defendant Nos.2 to 4 who are aggrieved by the order passed by the first appellate Court refusing to condone delay in filing appeals under Section 96 of the Civil Procedure Code, 1908. The suit filed by the respondent No.1 herein was decreed on 30-9-2015. According to the aggrieved defendants, the counter claim filed by them was dismissed by the trial Court. The application for grant of certified copy was moved on 23-10-2015. The same were received on 5-11-2015. The appeals were filed on 30-11-2015 alongwith the applications for condonation of delay. In those applications, it was stated that the appellant No.1 was suffering from acute viral fever. A medical certificate to that effect was filed along with the applications. These applications were opposed by the plaintiff and the appellate Court by the impugned order refused to condone the delay.

(3.) The following substantial question of law was framed by Court on 24-11-2017: