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2022 Supreme(Bom) 1472

MILIND N.JADHAV
Shamrao Piraji Kadam – Appellant
Versus
Prakash Shivaji Chavan – Respondent


Advocates appeared:
S.S. Patwardhan, Advocate, Bhooshan R. Mandlik, Advocate, Surel Shah, Advocate, Abhay A. Jadhavar, Advocate, Sachin K. Hande, Advocate

JUDGMENT

Milind N. Jadhav, J. - Heard.

2. The Petitioner has filed the present Writ Petition to challenge the Judgment & Order dated 20.07.2021 passed by the learned District Judge - 6, Sangli in Misc. Civil application No. 213 of 2017. The Petitioner filed application seeking condonation of delay of 30 months and 14 days in filing a substantive First appeal before the learned appellate Court. The date of exparte judgment & decree in Special Civil Suit No. 188 of 2013 is 05.03.2015. The Petitioner filed the First appeal for setting aside the aforementioned exparte decree on 21.09.2017. along with First appeal, he filed Misc. Civil application No. 213 of 2017 seeking condonation of delay on the ground that a fraud was committed on the Petitioner and the Petitioner came to know about the passing of exparte decree immediately before filing the First appeal.

3. The relevant facts which are necessary for deciding the present Writ Petition are as follows:-

3.1. On 22.11.2013 Respondent Nos. 1 and 2 (Plaintiffs) filed a suit for specific performance of a contract dated 14.08.2013 against the Petitioner (Defendant No. 1). Respondent No. 3 (Defendant No.2) is the wife of the Petitioner, which t

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