Anjali Ramakant Attarde VS Ravindra Atmaram Sonawane

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANDIPKUMAR C. MORE
Anjali Ramakant Attarde – Appellant
Versus
Ravindra Atmaram Sonawane – Respondent

Advocates Appeared:
For the Appellant : Mr. S. H. Tripathi, Adv.
For the Respondents: Mr. Anand P. Bhandari, Adv.

JUDGMENT :

(Sandipkumar C. More, J.)

1. Heard finally at admission stage.

2. The appellant, who is original defendant No.1ee in Special Civil Suit No. 63 of 2001, is challenging the judgment and order dated 10/04/2023 passed by the learned District Judge-5, Jalgaon i.e. the learned first appellate court in Civil Miscellaneous Application No.250 of 2017 whereby her application seeking condonation of delay of 2 years 1 month and 20 days in filing regular civil appeal, has been rejected. The present respondent Nos.1 & 2 are the original plaintiffs in the aforesaid suit.

3. Background facts are as under :

The present respondent Nos.1 & 2 had filed Special Civil Suit No.62 of 2001 against present appellant as well as respondent Nos.3 to 10 for specific performance of contract in respect of suit properties namely lang Gat No.52 and land Gat No.53, situated at village Kusumba Khurd, Taluka & District : Jalgaon. On 02/05/2015, the learned trial court i.e. 2nd Joint Civil Judge (Senior Division), Jalgaon decreed the suit and the present appellant as well as respondent Nos.3 to 10 were directed to execute sale deed of the suit properties in favour of present respondent Nos.1 & 2. Being aggrieved