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MANGESH S. PATIL, ARUN R. PEDNEKER
Devidas Ganpati Kale (died) Through his L. Rs. – Appellant
Versus
Sow. Munirbi Mahebub Karanje – Respondent
JUDGMENT :
Arun R. Pedneker, J.
1. Heard.
2. The present second appeals are referred to larger bench as per Rule 8 and 9 of Chapter I of the Bombay High Court Appellate Side Rules, 1960, to decide the following question:-
3. The brief facts giving rise to this reference can be summarized as under:-
Delay in filing appeal due to financial constraints of appellants, improper dismissal of condonation application warrants reconsideration and remanding the case.
The refusal to condone a 16-day delay in appeal due to medical incapacity was deemed perverse, affirming the right to a first appeal.
No appeal lies against an order condoning delay under Section 251 of the Maharashtra Land Revenue Code; the only remedy is a revision before the State Government under Section 259.
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