Advocates:
['PATIL MILIND', 'SHRI S B KADU', '', 'CVTR']

SA-581-2014.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 581 OF 2014

Rohinibai Shankarrao Zagade and others

… Appellants

Versus

Darku Murlidhar Jagtap – deceased

through his legal heirs

1-a) Sunita w/o Sanjay Koralkar and others

… Respondents

.…

Mr. D. A. Mane, Advocate h/f Mr. Milind Patil, Advocate for

appellants

Mr. S. B. Kadu, Advocate for respondent No.1

.…

CORAM : R. G. AVACHAT, J.

DATED : 12^th JULY, 2022

PER COURT :-

.

The challenge in this Second Appeal is to the order dated

02.04.2014, rejecting the appellants’ application (No.20 of 2013) for

condonation of delay in preferring first appeal against the judgment

and decree dated 17.08.2006 passed in Regular Civil Suit No. 526 of

2002.

2.

Heard.

The learned Advocate would submit that the issue

involved in the suit and the consequential appeal pertained to the

1 of 6

(( 2 ))

SA-581-2014

appellants’ right, title and interest in the immovable property.

Although he had marked appearance in the suit, his Advocate had

not informed about the progress of the suit. The suit, thus, came to

be decided in his absence. He came to know about the decree having

been passed in the suit on