LAWS(BOM)-2019-10-191

SADASHIV GENBA JAGTAP Vs. BALKU NAMDEO JAGTAP

Decided On October 01, 2019
Sadashiv Genba Jagtap Appellant
V/S
Balku Namdeo Jagtap Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) By this Petition the petitioners are challenging the order dated 12th March 2018 passed by the Appellate Court rejecting the application made by the petitioners for condoning the delay in filing the application for restoration of the Regular Civil Appeal No. 214 of 2006.

(3.) The respondents - original plaintiff Nos. 1 to 3 filed the suit for declaration and possession. The said suit was decreed as far back on 30th September, 1997. Challenging the said judgment and decree passed by the trial Court, the petitioners filed the Appeal before the Appellate Court. The said Appeal was dismissed for default on 16/8/2012. After the delay of almost 3 years, 2 months and 11 days the Civil Misc. Application No. 224 of 2015 was filed for condonation of delay in filing the application for restoration. The said application came to be rejected by the Appellate Court.