Digitally signed VARSHA by VARSHA VIJAY VIJAY RAJGURU Date:

RAJGURU 2025.05.08

16:07:19 +0530

34-sa-288-2016-cas-546-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 288 OF 2016 WITH CIVIL APPLICATION NO. 546 OF 2016 Suresh Chavgonda Patil (Deceased thr. … Appellants/Applicants Lrs) and Ors vs.

M/s. P.B. Khadilkar, Miraj (through … Respondents Prop. Pravin Prabhakar Khadilkar) and Ors Mr. Sumedh Modak i/b. Mr. Vijay Killedar for Appellants.

Mr. Akshay A. Kulkarni i/b. Mr. A.M. Kulkarni for Respondent No.1.

CORAM : GAURI GODSE, J.

DATED : 28th APRIL 2025 ORDER:

1. Heard learned counsel for the appellants. This appeal is preferred by the heirs and legal representatives of deceased defendant nos.1a and 1b who are also original defendant nos. 3 and 4. The appeal challenges the rejection of the application filed by the appellants for condonation of delay of more than five years in filing the first appeal challenging the trial court’s decree. The trial court decreed the suit and directed the defendants to pay an amount of Rs. 1,72,727/- with interest. The trial court’s decree is dated 26^th March 2009. The appeal was filed in the district c